The articles available on the website are for general information purposes only and are not intended to provide advice in specific cases. We endeavour to ensure that all information and data contained on the website is correct and up-to-date in accordance with Section 7 (1) TMG. However, no liability is assumed for the correctness, completeness, topicality or quality of the information and data provided in accordance with § 8 to 10 TMG. Liability for the content of the retrievable information is excluded, except in the case of wilful or grossly negligent misinformation. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.
We are not responsible for the content of websites that can be accessed via a hyperlink. The operators of the linked pages are solely responsible for their content. We expressly do not adopt the content of these websites as our own and therefore cannot guarantee the correctness, completeness or availability of their content. When the links were first created, we checked the external content to determine whether it could give rise to civil or criminal liability. However, we are not obliged to constantly check the content to which we refer on our website for changes that could give rise to new liability. Only if we determine or are informed by others that a specific offer to which we have provided a link triggers civil or criminal liability will we remove the reference to this offer, insofar as this is technically possible and reasonable for us.
The content and works on this website created by the operator of this site are subject to German copyright law. Duplication, processing, distribution and any form of commercialisation of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Copies of these pages are only permitted for private use, but not for commercial purposes.
The use of our website is generally possible without providing personal data. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent. In connection with your access, data is temporarily stored on our server for data security purposes, which may allow identification (e.g. IP address, date, time and name of the requested file). An evaluation, except for statistical purposes in anonymised form, does not take place.
You can find a detailed overview of what data we collect and how it is processed in our privacy policy.
Our deliveries, services and other legal transactions are made exclusively and expressly on the basis of these terms and conditions. This shall also apply to all future business relations, irrespective of whether the terms and conditions are expressly agreed again. These terms and conditions shall be deemed to have been accepted upon receiving the service. Counter-confirmations to order placements on the part of the recipient of the service with reference to the latter's terms and conditions of business or purchase are hereby rejected. Deviations from these terms and conditions shall only be effective if they have been confirmed by us in writing.
Our offers are always subject to change and non-binding. We hold ourselves bound to them for up to 3 months from the date of the offer. Additions, alterations or additional agreements are in general only binding if they are expressly agreed in writing. Our employees are not authorised to make verbal additional agreements or verbal assurances insofar as these go beyond the content of the written contract.
Unless otherwise stated, all prices listed are exclusive of statutory value-added tax. Additional deliveries and services shall be charged separately.
Dates or deadlines that can be agreed as binding or non-binding must be in writing. Agreed delivery and performance deadlines shall only commence after clarification of all details and handover of all required documents, items, etc. and insofar presuppose the fulfilment of all other necessary obligations to cooperate on the part of the recipient of the service. Delays in performance due to force majeure and due to events that make performance significantly more difficult or impossible for us (strike, lockout, official directives, etc.) are not our responsibility, even in the case of bindingly agreed deadlines and dates. Such events entitle us to extend the agreed performance time by the duration of the hindrance. We are entitled to render partial at any time.
The risk of accidental loss and accidental deterioration shall pass to the recipient of the service upon provision of the service or handover of the contractually agreed service or contractual object. If, at the request of the service recipient, the service provider dispatches the service/item sold to a place other than the place of fulfilment, the risk shall pass to the service recipient as soon as the service provider has dispatched the item, irrespective of the transport route.
If the service provided is defective, we shall initially be entitled to rectify the defect (subsequent fulfilment) at our discretion. If the subsequent fulfilment fails, the recipient of the service may, at his discretion, withdraw from the contract, reduce the price, claim damages or compensation for wasted expenditure. The recipient of the service must report obvious defects in writing within a period of 4 weeks from receiving the service; otherwise the assertion of the claim for defects is excluded. Timely posting shall suffice to meet the deadline. Defects that cannot be discovered within the deadline, even after careful inspection, must be reported to us in writing as soon as they become known. The service recipient shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects. The rights of the recipient of the service due to a defect in services rendered or goods delivered shall lapse 2 years after delivery of the service.
The services/goods shall remain our ownership until full settlement of the contractually agreed price. In the event of default in payment, the service provider shall be entitled to refuse further services until the outstanding claims have been settled and to retain all documents relating to the agreed service. Pledges or other transfers by way of security are not permitted. The service recipient hereby assigns in full to the service provider by way of security any claims (including all balance claims from the current account) arising from a resale or other legal grounds (insurance, unauthorised action) of the service recipient to a third party. We revocably authorise the service recipient to collect the claims assigned to us for his own account and in his own name. This direct debit authorisation can be revoked by us if the service recipient does not properly meet their payment obligations. In the event of behaviour in breach of contract on the part of the service recipient, we shall be entitled, after withdrawing from the contract, to demand the return of the service/goods or, if applicable, the assignment of the service recipient's claim for return against third parties or to demand compensation for services rendered that cannot be returned. The service recipient agrees to provide the information required to assert our rights and to hand over the documents required for this purpose.
If the service recipient does not comply with the agreed terms of payment, no further services shall be provided without notice. We are entitled, despite contrary provisions of the service recipient, to offset payments first against the older debt of the latter and to inform the service recipient of the type of offsetting that has taken place. If costs and interest have already been arisen, we shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal claim. Payment shall be deemed to have been made when we can dispose of the amount. Cheques and bills of exchange will not be accepted. If the recipient is in default of payment, we shall be entitled to charge interest at a rate of 7.5% above the base rate of the Deutsche Bundesbank from the date in question. We reserve the right to prove and claim higher damages caused by default. In the event of default of payment, all discounts, reductions and other remunerations granted shall lapse. Furthermore, we may withhold or refuse further services under this and other contracts in whole or in part and demand immediate payment of all services, advance payment and, in the event of culpability, compensation for damages. The recipient of the service shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us.
BTG Immobilienservice GmbH accepts no liability whatsoever for deliveries and services provided by third parties. The liability of BTG Immobilienservice GmbH and its vicarious agents for damages to the client is limited to intent and gross negligence. This does not apply to personal injury, nor to damages resulting from the violation of rights that are to be granted to the customer according to the content and purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely (cardinal obligations).
We are not obliged to pay compensation to the recipient of the service if the industrial property rights of third parties are impaired by our service.
The place of jurisdiction is, as far as legally permissible, Gera.
Our services and other legal transactions are carried out exclusively and expressly on the basis of these terms and conditions. This therefore also applies to all future business relationships, irrespective of whether the terms and conditions are expressly agreed again. These terms and conditions shall be deemed to have been accepted at the latest upon acceptance of the service. Counter-confirmations of orders placed by the recipient of the service with reference to the recipient's terms and conditions of business or purchase are hereby rejected. Deviations from these terms and conditions shall only be effective if they have been confirmed in writing by BTG Immobilienservice GmbH.
The objects of our business are to provide evidence of the opportunity to conclude a contract and/or to broker a contract for developed and undeveloped real estate, in particular industrial and commercial properties, investment properties, residential buildings, agricultural and forestry real estate as well as residential and commercial premises. Our activities extend to the verification and/or brokerage of the acquisition, sale, letting, leasing and other utilisation of specified properties.
Our offers are non-binding and subject to change; errors and intermediate utilisation are expressly reserved. BTG Immobilienservice GmbH does not check the accuracy of the information received from the provider unless a separate order is placed to obtain information and check the property details. BTG Immobilienservice GmbH therefore accepts no liability for the accuracy and completeness of the information.
Offers are intended exclusively for the recipient and must be treated confidentially and kept secret from third parties unless written authorisation has been granted by BTG Immobilienservice GmbH to pass them on. BTG Immobilienservice GmbH is authorised to submit and provide all offers and information to third parties.
Additional agreements to our written offers require our written confirmation to be effective.
Unless otherwise agreed, the client shall pay a fee of 5.95% of the total purchase price including all additional agreements or substitute transactions in connection with the purchase, such as purchase instead of rent or similar, including sales tax, both for the brokerage and for the verification of a purchase or other acquisition contract, in particular also a so-called share deal. In the case of sale on an annuity basis, the purchase price is the cash price plus the capitalised annuity interest (net present value of the annuity). In the case of the creation and transfer of heritable building rights, the remuneration is 5.95% of the purchase price including sales tax. If this has not been agreed, it shall be replaced, at our discretion, either by 25 times the annual ground rent or the capitalised present value of the heritable building right to be calculated. When calculating the net present value, the standard market effective interest rate for mortgage loans with a fixed interest rate of 10 years at 100 % payout is to be applied.
The client shall pay a commission of 2.38 months' basic rent including sales tax for the brokerage of commercial rental, lease and comparable utilisation contracts as well as for proof of the opportunity to conclude such contracts for contracts with a term of up to 5 years. For contracts with a term of more than 5 years, the tenant shall pay a commission of 3.57 months' basic rent including sales tax. Option rights are deemed to be an extension of the term to the amount of the right to extend the contract. If a graduated rent is agreed, the commission is calculated on the basis of the average monthly rent for the entire term.
For brokering a pre-emptive right, we receive a commission of 4.76% of the market value of the entire property, including sales tax, from the entitled party when the pre-emptive right is exercised.
We are also entitled to the commission in accordance with § 4 if an economically identical or similar transaction is concluded. If the owner of the property sells the property himself, BTG Immobilienservice GmbH may demand compensation for the lost remuneration. This amounts to 2.38 % of the purchase price including sales tax.
BTG Immobilienservice GmbH is also entitled to remuneration if the offeree passes on the offer to a third party without our consent and this third party concludes the purchase, acquisition or rental agreement or if the offeree, as the legal or contractual representative of a third party, acquires, purchases, rents or leases in his own name. Third parties include spouses and family members as well as legal entities represented by the offeree. In the event of a personal sale, the client must inform BTG Immobilienservice GmbH immediately of the conclusion of the contract, the contractual partner and the terms of the contract. The client is obliged to provide BTG Immobilienservice GmbH with a copy of the contract upon request.
The remuneration is earned and due at the time of the legally effective conclusion of the brokered and/or verified transaction. Invoicing shall be carried out exclusively by BTG Immobilienservice GmbH, De-Smit-Straße 36-38, 07545 Gera. If the client defaults on payment, BTG Immobilienservice GmbH shall be entitled to charge default interest of 7.5% above the respective base interest rate of the Deutsche Bundesbank from the due date. The staff of BTG Immobilienservice GmbH is not authorised to collect cash. Payments must always be made to an account to be specified by BTG Immobilienservice GmbH. Cheques and bills of exchange are not accepted.
The client is obliged to provide all information required for the execution of the order completely and correctly. In this respect, BTG Immobilienservice GmbH is not liable for the accuracy of information that it has recognisably obtained from the owner or third parties, but only for the accuracy of the forwarding.
The place of fulfilment for the mutual obligations and the place of jurisdiction for all disputes in connection with the contract is Gera. The law of the Federal Republic of Germany shall apply.
The liability of BTG Immobilienservice GmbH and its vicarious agents for damages suffered by the client is limited to intent and gross negligence. This does not apply to personal injury, nor to damages resulting from the violation of rights which are to be granted to the client according to the content and purpose of the contract or the fulfilment of which is essential for the proper execution of the contract and on the observance of which the client regularly relies and may rely (cardinal obligations). In addition, the company assumes no guarantee for the properties and is not liable for the financial standing of the contractual partners or brokered purchasers/tenants.
Should one or more provision(s) of these General Terms and Conditions be wholly or partially invalid or prove to be unenforceable, this shall not affect the validity of the remainder of the General Terms and Conditions. The parties shall replace the wholly or partially invalid or unenforceable provision(s) with a valid provision that corresponds as closely as possible to the economic purpose and content of the provision(s) to be replaced. This shall apply accordingly if it transpires that the General Terms and Conditions contain loopholes.
The conclusion of the service contract or the order confirmation is based solely on these terms and conditions, the exclusive validity of which the client expressly recognises by signing the contract or the order confirmation. Other terms and conditions are invalid. Counter-confirmations of orders placed by the recipient of the service with reference to the recipient's terms and conditions of business or purchase are hereby rejected. Our offers are subject to change and require our written confirmation in order to be valid. Both contracting parties are obliged to transfer all rights and obligations arising from this contract to any legal successors, including in the case of letting or leasing.
Contract duration and cancellation are based on the provisions of the concluded contract or the order confirmation. If no specific agreements have been made in this regard, both contracting parties may terminate the contract with a notice period of 3 months to the end of the calendar year.
Before the contractor commences work, the client is obliged to familiarise the contractor's employees with all existing technical equipment on the property to be serviced and with the overall system, to expressly point out possible sources of danger and to hand over all necessary keys. The contractor shall not be liable to the extent permitted by law for damage caused by sources of danger or relevant circumstances that have not been communicated, except in cases of gross negligence or wilful intent.
The Contractor is obliged to perform the services set out in the service specifications of the support contract or in the order confirmation with due care. Deviations from the agreements are permissible if the contractually agreed scope and standard of services are maintained.
The agreed services are limited to the areas and facilities designated for maintenance in the service specifications. Materials and spare parts for the repair of minor damage shall be invoiced separately to the client. Agreed regular services can only be provided during normal working hours on working days from Monday to Friday.
In the event of a heating failure, burst water pipes, lift system personnel evacuation, power failure or other emergency call-outs, the contractor shall be entitled to the deployment of the emergency service, insofar as the performance of the emergency service is part of the contract. The contractor is authorised and instructed to rectify such damage, if necessary, immediately themselves or with the involvement of a third party at the expense of the client, even without prior notification. The contractor shall carry out emergency aid measures during emergency service assignments without being expressly authorised to do so by the client.
The client is obliged to provide the contractor with cold and hot water and electricity for the operation of machines and to the extent necessary for the performance of the work at no charge. If required, the client shall provide the contractor with a suitable lockable room for materials, equipment and machines free of charge. The client declares to the contractor that the activity transferred to the contractor does not constitute a separate economic sector or a separate economic unit. The client further declares that the transfer of the activity has not resulted in any dismissals of their own employees previously working in this field. Should the transfer of such a terminated employment relationship of the client to the contractor be determined on the basis of statutory provisions, the client shall indemnify the contractor from the obligations of such a transferred employment relationship.
Defects must be reported immediately after the performance of the contractor's service in order to guarantee an immediate objective determination of the complaints. In the event of a complaint, the client must contact the contractor immediately, whereby it is not sufficient to report the complaint to the personnel at the place of use. A verbal complaint is not sufficient. Complaints must therefore always be made in writing by the client. The contractor is obliged and entitled to rework in the event of timely and properly notified complaints. The client shall only be entitled to reduce the invoice if the reworking has not led to the elimination of the reported complaints and the contractor recognises the defect.
The contractor's invoices are due monthly without deduction. The client is not entitled to set-off or retention unless the counterclaim has been legally established or recognised by the contractor. If the contractor provides services for which a separate order has been placed or which involve minor repairs or emergency measures, a separate invoice shall be issued to the client for these services, which shall be due for immediate payment without deduction. If the client is in arrears with payment, the contractor is entitled to charge interest on arrears from the due date at a rate of 7.5% above the respective base rate of the Deutsche Bundesbank. The contractor's personnel are not authorised to collect payments. Payments must be made to an account to be specified by the contractor. Cheques and bills of exchange are not accepted. The hourly rates of BTG Immobilienservice GmbH in the version valid at the time the service is provided shall be deemed to have been agreed for special services and services for which no specific prices have been specified in individual cases prior to the provision of the service.
Due to the wage intensity of the services to be provided by the contractor, the contractor is entitled to demand an annual adjustment of the agreed remuneration. An adjustment can only be claimed from the 1st of the month following the written declaration of adjustment. It is also only permissible from the 2nd year after conclusion of the contract.
The contractor shall be liable for damage caused by gross negligence or wilful misconduct on the part of the contractor or its employees in the performance of the contractually agreed services. Liability for slight negligence or for damage caused by official intervention, strikes, lockouts, environmental influences or natural disasters is expressly excluded. The same applies to damage caused by criminal offences committed by the contractor's employees. The contractor's liability for damage demonstrably caused by him or his employees in the course of the services rendered is expressly limited to the cover in accordance with the terms of his liability insurance policy in terms of reason and amount (property damage and personal injury to € 6,000,000.00, financial losses to € 1,000,000.00). Further claims for compensation for consequential damages are excluded. The contractor's liability obligation ends with the expiry of the support contract or the termination of the individual services.
Any enticement of employees is a breach of the mutual contractual duty of loyalty. The contractor is therefore entitled to demand a contractual penalty from the client in the amount of the annual gross salary of the poached employee. The contractual penalty shall be due if the cancellation is the result of enticement measures by the client or persons acting in his area of responsibility. This shall also apply if the headhunted employee does not join the services of the client. The contractor reserves the right to claim further damages.
If one or more provisions of these terms and conditions are or become invalid in whole or in part, the parties are obliged to replace this provision with another that comes as close as possible to the meaning and purpose of the invalid provision.
Status of the General Terms and Conditions (last update): 10/2018
