General Terms and Conditions (GTC)
These General Terms and Conditions apply to contracts between Uta Herzberg (hereinafter referred to as "Herzberg Consulting Services" or "Contractor") and companies or private individuals who wish to use the services of Herzberg Consulting Services (hereinafter referred to as "Client"). They shall apply in the respective current version. Amendments to the GTCs during the contractual relationship shall be communicated to the contracting parties without delay. These GTC also apply to contracts concluded via the internet platform www.wirfindendeinwohnglueck.de (or www.wfdw.de).
§ 1 General
1. Herzberg Consulting Services offers comprehensive advice and preparation in all questions in the run-up to as well as in the actual implementation of relocation and flat search services. All advice and services provided by Herzberg Consulting Services in this context shall be governed exclusively by these General Terms and Conditions as amended from time to time. We do not recognise any terms and conditions of the client that conflict with or deviate from our General Terms and Conditions unless we expressly agree to their validity in writing before the order or the consultancy is carried out by Herzberg Consulting Services.
2. Agreements made with the Client in individual cases (including collateral agreements, supplements and amendments, insofar as these have been agreed in writing) shall in all cases take precedence over these Terms and Conditions.
3. The law of the Federal Republic of Germany shall apply exclusively. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG - UN Sales Convention) is excluded.
4. The contractual language is German.
§ 2 Offer and conclusion of contract
1. The range of services offered by Herzberg Consulting Services as presented on one of the internet platforms www.herzberg-consulting-services.de, www.wirfindendeinwohnglueck.de or www.wfdw.de is non-binding and may be modified according to the wishes and requirements of the client. The range of services presented is not exhaustive. Further services can be requested from Herzberg Consulting Services by telephone or in writing, after which an individual offer will be prepared.
2. A contract shall only be concluded after written acceptance of the offer by the client if acceptance of the client's purchase offer is declared on the part of the contractor or if execution of the services is commenced on the part of the contractor without an express declaration of acceptance ("welcome mail").
3. Insofar as the contracting parties communicate by electronic mail (e-mail), in particular submit contractual declarations by this means, they acknowledge the unrestricted validity of the declaration of intent transmitted by this means.
§ 3 Scope of services
1. The contractual obligations of Herzberg Consulting Services shall be determined by the service contents specified in the order, the prices contained therein and the corresponding order confirmation.
2. Herzberg Consulting Services shall not represent the client or the service recipient in legal transactions involving legal obligations, in particular payment or liability obligations of the client or the service recipient, unless otherwise agreed in writing between the parties.
3. Herzberg Consulting Services does not guarantee that contracts brokered via Herzberg Consulting Services or contracts initiated via brokers brokered by Herzberg Consulting Services will be concluded or will endure.
4. Herzberg Consulting Services does not provide legal advice. It is expressly pointed out that legal information is only non-binding advice and recommendations.
5. Herzberg Consulting Services shall also be entitled to have its services performed by third parties, unless otherwise agreed in writing between the parties.
§ 4 Obligations of the principal
1. The client shall cooperate in the performance of the contract by providing Herzberg Consulting Services with all documents, records and information required for the performance of the contract in good time and in full at its own expense. Herzberg Consulting Services shall inform the client in advance which documents and information are required for the respective performance of the contract.
2. Herzberg Consulting Services shall not be liable for failures and consequences due to the absence of necessary documents and information to be procured by the client and due to deadlines not met by the client or the service recipient.
3. All documents, data and information made available to the client by Herzberg Consulting Services shall serve exclusively for the fulfilment of the order. Forwarding to third parties is only permitted with the prior written consent of Herzberg Consulting Services.
4. Until the rental agreement is signed, the client shall inform Herzberg Consulting Services immediately of all facts and changes in those circumstances which are directly relevant in connection with the commissioned service (e.g. rental properties independently searched for/found by the client as well as direct contacts made by the client with landlords/owners/brokers etc.).
§ 5 Prices
1. The prices are valid for 30 calendar days from the date of the offer and do not include other taxes, fees of the real estate agent (of the residential property found), rent payments, etc., unless otherwise agreed in writing between the client and Herzberg Consulting Services.
2. The Contractor shall submit a corresponding offer to the Client for other services which were not yet agreed upon at the time of the conclusion of the contract or for which no price was agreed upon at the time of the order. The performance of the service shall commence upon acceptance of this offer by the Client.
3. Expenses incurred by the contractor vis-à-vis third parties which are not part of the contractually agreed service shall be charged to the client, but only if the client has expressly agreed in advance to the service on which the expenses are based.
§ 6 Terms of payment
1. Herzberg Consulting Services shall be remunerated on the basis of the respective order.
2. All invoiced services (and expenses, if applicable) are due and payable 14 calendar days after invoicing without deduction, unless otherwise agreed in writing. In this respect, payment must be received by Herzberg Consulting Services in the full amount of the invoice. In the event of non-payment within 14 calendar days of invoicing, the client shall automatically be in default without further reminder.
3. Herzberg Consulting Services' claim to remuneration shall exist irrespective of claims by third parties arising against the client and/or the service recipient, in particular as a result of their unauthorised actions.
4. Herzberg Consulting Services reserves the right to charge a basic service fee in an appropriate amount prior to execution of the order. The basic service fee shall be offset against a final total invoice amount.
§ 7 Contract period & termination/cancellation
1. The contract period depends on the respective agreed contract period.
2. The client may terminate the contract at any time without observing a period of notice. Herzberg Consulting Services may only terminate the contract for good cause. A good cause justifying termination for the contractor shall be deemed to exist in particular if the client has breached his obligations specified in § 4 and has thereby rendered the performance of the contract impossible or substantially more difficult.
3. The cancellation of services must be made in writing, by post or by e-mail. The date of receipt of the notice of cancellation by Herzberg Consulting Services shall be decisive for the timeliness of the client's cancellation by post or email.
4. Unless otherwise agreed in writing, in the event of cancellation of commissioned services by the client Herzberg Consulting Services shall retain at least the basic service fee paid as compensation for expenses and efforts.
5. In addition, in the event of premature termination/cancellation of the contract on the part of the client, Herzberg Consulting Services may demand compensation in accordance with the progress of work in the following amount (the basic service fee already paid shall be credited accordingly):
For packages: After the start of the property search, 40 %, from the 5th viewing 65 % or from the 8th viewing 85 % and after a successful search (= signed rental agreement) 100 % of the agreed total remuneration is due in any case, regardless of the number of properties viewed, even if the client no longer requires further individual services included in the package due to the termination/cancellation. Individual services already fully provided at the time of cancellation will be charged in full in any case.
For the pure property search booked individually (not as part of a package, also referred to as "Home Search" or similar), 50 % of the total remuneration agreed for this individual service is due after the start of the property search, 75 % from the 5th viewing onwards and 100 % from the 8th viewing onwards. In the event of a successful search (= signed rental contract), 100 % of the agreed total remuneration is due in any case, irrespective of the number of properties viewed.
For all other services, the following due dates apply: 50 % of the agreed sum for each individual service booked after the start of the activity. 100 % of the agreed sum for each booked individual service after completion of the activity.
6. in any case, after successfully signed rental contract or after reaching the maximum agreed number of viewings or after reaching the maximum agreed search period, depending on the order, always either the remuneration for the commissioned individual service of apartment search or, in case of commissioning/booking a package, the full remuneration for the package is due. This shall not affect any agreements concluded individually between the Client and the Contractor regarding a possible extension of the search period free of charge or additional visits free of charge.
§ 8 Set-off and right of retention
The client shall only be entitled to set-off, retention or reduction if the counterclaims asserted by it in this respect have been established by declaratory judgment or expressly acknowledged by Herzberg Consulting Services.
§ 9 Liability
1. Herzberg Consulting Services does not provide legal advice. Insofar as Herzberg Consulting Services provides non-binding legal recommendations or advice which result in damage to the contractual partner, Herzberg Consulting Services shall only be liable for intentionally incorrect information.
2. Otherwise Herzberg Consulting Services shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. Herzberg Consulting Services shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons. As well as in the event of a breach of material contractual obligations, i.e. obligations the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely.
3. Liability for slight negligence shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of the employees, representatives and vicarious agents of Herzberg Consulting Services.
4. Herzberg Consulting Services is not liable for damage caused outside its area of responsibility by third parties who are not vicarious agents of Herzberg Consulting Services, nor for information and data based on information provided by third parties.
5. Herzberg Consulting Services shall likewise not be liable for translations undertaken by Herzberg Consulting Services at the client's request or assigned to external specialist translators in accordance with the order.
§ 10 Force majeure
Force majeure, industrial disputes, riots, official measures and other unforeseeable, unavoidable and serious events shall release the contractual partners from their performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when the affected contractual partner is in default. The contracting parties are obliged to provide the necessary information without delay within the scope of what is reasonable and to adapt their obligations to the changed circumstances in good faith.
§ 11 Confidentiality and data protection
1. Herzberg Consulting Services shall collect, process and use personal data only for the orders and projects placed by the client and in accordance with instructions. Personal data may only be forwarded to third parties for a specific purpose with the prior written consent of the client and service recipient.
2. Personal data is only accessible to the employees of Herzberg Consulting Services involved and the commissioned service provider, insofar as this is necessary for the processing of the order.
3. All employees of Herzberg Consulting Services as well as the service providers commissioned by it are obliged to maintain confidentiality and to comply with the provisions of the Data Protection Act.
4. After completion of the orders and projects placed, personal data will be deleted unless otherwise agreed with the client and service recipient.
5. With regard to the use, storage and processing of digitally collected personal data in connection with the use of the internet platform www.herzberg-consulting-services.de or www.wirfindendeinwohnglueck.de, reference is made to the separate data protection declaration, which is included in all contracts. The data protection declaration can be found here.
§ 12 Copyright protection
1. Herzberg Consulting Services reserves the industrial property rights and copyrights to all digital content, logos, images and other documents (including those published under the WIRFINDENDEINWOHNGLÜCK.de brand). The copyright notices, digital signatures, trademarks and other legal reservations contained in the digital service may not be edited or removed. Digital content may not be further processed, changed in terms of content or editing, sold, passed on, made available as a download, edited or transferred in any other way by the client.
2. The same applies to documents handed out in paper form.
§ 13 Place of jurisdiction
1. If the contracting parties are merchants, legal entities under public law or special funds under public law, the parties agree that the place of jurisdiction for all disputes arising from the contractual relationship shall be in Ebersberg.
2. Herzberg Consulting Services shall also be entitled to bring an action before a court which has jurisdiction over the principal's registered office or a branch office.
3. If the client does not have a general place of jurisdiction in Germany or if, after conclusion of the contract, he has moved his place of residence or habitual abode outside the area of application of this law or if, at the time the action is brought, the client's place of residence or habitual abode is unknown, the place of jurisdiction of Herzberg Consulting Services shall also apply.
§ 14 Final provisions
1. Subsidiary agreements as well as amendments and additions to the contract must be made in writing and insofar require the written consent of both contracting parties. Verbal subsidiary agreements are excluded.
2. The invalidity of individual provisions of this contract or its components shall not affect the legality of the remaining provisions. The contracting parties shall be obliged to find a valid provision in good faith, taking into account the meaning and purpose of the contract and the interests of both parties, provided that this does not result in any significant change to the content of the contract. This shall also apply if a gap in the contract requiring regulation becomes apparent.
Status: July 2023