These terms are in line with Council Directive No. 2011/83 / UU of 25 October 2011 on consumer rights, legislation of the Slovak Republic and the highest standards of fair mediation of the sale, lease and purchase of real estate.
1.1. These Genetal Terms of mediation (“Terms” or “GTM”) govern the rights and obligations of the Agent and the Principal in connection with the mediation of the purchase, sale, lease or rental of property resulting from a Mediation Agreement (hereinafter referred to as “the Agreement” , which part of the content is determined by reference to these Terms. These Terms and Conditions are an integral part of the Agreement, the provisions of these Terms and the applicable laws. The provisions of the Agreement take precedence over the provisions of these Terms.
1.2. Legal relationships governed by these Terms are governed by the relevant provisions of Act no. 40/1964 Coll. Of the Civil Code, as amended.
INTERPRETATION OF THE CONCEPTS
2.1. The terms in this Article with a capital letter have the meaning given in this Statement under these Conditions or other documents to which these Terms apply, unless otherwise specified in these Terms or other documents.
Agreement – An Mediation Agreement (Intermediary Contract) – ment under which the Agent undertakes to procure to the Principal a commission for the conclusion of a Contract for the Transfer of a Property Right to a Real Estate or a Rental Agreement for a Real Estate with a Third Person and the Princpial undertakes to pay the commission if the result has been achieved by the mediation of the Agent.
Rental agreement– a contract under which the lessor leaves the property or part thereof for use by a third party (tenant) for an agreed rent (rental fee). The Rental Agreement is also considered to be the lease agreement or any other contract by which the Principal leaves the Property to a third party for temporary use.
Real estate /property/– property (or type-specified) in point (B) of the Agreement.
Non-exclusive mediation – the form of mediation in which the Principal is entitled to enter into an mediation contract with other persons as the Agent, or to secure the conclusion of the Contract itself, also by self-help. For non-exclusive mediation, the provisions 7.3. and point 10.4. these Terms do not apply.
Fixed reimbursement of expenses – flat-rate compensation representing all expenses incurred by the Agent in complying with the obligations under the Agreement. The Fixed reimbursement of expensesis mainly expenditure on advertising and secured professional assistance, including legal assistance provided by the law firm. Unless otherwise agreed by the Parties, flat rate reimbursement is eighty percent of the Agent’s commission value specified in point (C) of the Agreement. The parties declare that the Fixed reimbursement of expensesthus determined is sufficient and proportionate.
Agent–party to the Mediation Agreement, which is equally indicated in the Agreement.
Party (in the plural – Parties)– Contracting Parties (Parties) of the Agreement, i.e. Agent and / or Principal.
A serious reason – such reason on the part of the Contracting Party which, due to objective reasons, directly impedes the fulfillment of the obligation specified in the Agreement or the Terms. Serious reasons include war, war, state of emergency, emergency, party hospitalization for more than ten days, severe injury to the Party, death of a relative of the Party in direct relationship, sibling, spouse, mate. Serious reasons do not include the reasons why the Party knew or could reasonably have reason or its consequences before the conclusion of the Agreement.
Exklusive Mediation – the form of mediation agreed upon for a specified period of time, during which, on the basis of the will of the Principal, the sole person is authorized to mediate the sale of the Real Estate Intermediary, as provided for in the Mediation Agreement. Unless otherwise agreed by the Parties, Principal is not entitled to secure signing of Contract through a third party (eg another Agent) or self-help. The provisions of paragraph 7.3. and point 10.4. of these Terms and Conditions are effective and binding for both Parties only during the period of exclusive mediation.
Principal– party to the Mediation Agreement, which are also identified in the Agreement.
Contract– Contract for Transfer of Property Rights to Real Estate or Property Rental Agreement between the Principal and a third party.
Contract for Transfer of Property Rights to Real Estate – any repayable or royalty-free contract resulting in the transfer of ownership of the Real Estate or the transfer of a business share or ownership interest in a company that is the owner of the Real Estate.
AGENT GENERAL OBLIGATIONS
3.1. The Agent undertakes to procure commission to the Principal for the conclusion of the Contract in accordance with the terms and conditions set forth in the Agreement.
3.2. The Agent is obliged to proceed with professional care in accordance with the legal regulations of the Slovak Republic.
3.3. The Agent is obliged to notify the Principal of any important mediation related matters, in particular the facts that may affect the Principal‘s decision to conclude the Contract without undue delay.
3.4. Scope of the services provided by the Agent to the Principal is set out in point (E) of the Agreement.
OBLIGATIONS OF THE AGENT
In mediation of sale or lease real estate
4.1. An Agent is required to actively search for third parties who are interested in signig contract with Principal.
4.2. In order to search for third parties interested in signing the Contract with Principa, the Agent is required to disclose the offer of Realty of electronic and / or printed advertising media. The choice of advertising media is determined by the Agent. The Agent is also required to promote the Real Estate through other ways agreed with the Principal.
4.3. The parties have agreed that in the case of oferring the Real Estate for Sale, the Agent will offer Real estate for the Principal required price by adding the commission of the Agent, as stated in (C) – 1) of Agreement and in the case of offering Real Estate for Rent, the Agent will offer Real estate for Principal required Rental fee (Rental fee with adding an Principal required price of Energies as set forth in paragraph (C) – (2) of the Agreement.
4.4. If the Agent undertakes keys from Real Estate he obligates to:
- a) the keys are carefully cared for and protected against loss, damage, detraction or destruction,
- b) when visiting Real Estate take care of the order and quiet in Real Estate,
- c) to visit the Real Estate only in connection with the performance of the activities under the Agreement while being required to ensure that no damage is caused to the Real estate during visit/tour of the Real estate
- d) on leaving Real estate to lock carefully and secure it against unauthorized interference.
4.5. Undetaking keys is confirmed in Acceptance protocol.
OBLIGATIONS OF THE AGENT
In mediation of sale or lease real estate
5.1. The Agent is required to actively search for third parties – the owners of the Real Estate that are interested in signing Contract with the Principalr.
5.2. The Agent is obliged to proceed with professional care and in accordance with the legal regulations of the Slovak Republic.
5.3. The parties have agreed that in the case of interest in the purchase of a Real Estate, the Agent will seek the Real Estate for the Principal requested price, as stated in (C) – 1) of Agreement and, in the case of interest in renting a Real Estate, the Agent will seek Real estate for the required Rental fee (Monthly), including required Energy price, as stated in (C) – 2) of Agreement.
OBLIGATIONS OF THE AGENT
in mediating the purchase or rental of Real Estate
6.1. Principal undertakes to pay a commission to the Agent if the Contract has been terminated with the cause of an Agent as is apparent from the Agreement.
6.2. Principal is obliged to notify the Agent without undue delay all important facts related to mediation, especially circumstances that may affect the decision of Principal to conclude the Contract.
6.3. Principal is required to provide necessary cooperation to the Agent to achieve the outcome of the Agreement.
6.4. Principal is obliged, upon request by the Agent, to provide to the Agent all the documents and documentation required by the Agent to fulfill the subject matter of the Agreement.
OBLIGATIONS OF THE PRINCIPAL
in mediation of sale or lease Real estate
7.1. Principal is required to allow access to the Real estate for third parties who have expressed an interest in a personal visit of the Real estate. At the same time is Principal obliged to submit to the Agent all the documents, which show the right of Principal to dispose with the Real Estate.
7.2. Principal is obliged to allow access to real estate for persons acting on behalf of the Agent (hereinafter referred to as “broker”), court experts and other proficient persons and to allow them to perform all the acts necessary to obtain detailed real estate data.
7.3. Where the Exklusive Mediationhas been agreed by the parties, Principal undertakes not to enter into a mediation contract, mediation agreement, contract for the sale of a thing or any other similar contract for the purpose of transferring ownership of the Real Estate or renting a Real Estate during the period of exclusive mediation. Otherwise, Principal undertakes to pay the Agent a Fixed reimbursement of expensesrefund, which is calculated from the commission amount specified in point (C) – 1) of Agreement entitled “Financial conditions in the case of Real estate SALE “, in the “Agent’s commission in €:” column, provided that it is the object of mediation of the sale of the Real Estate, or to pay to the Agent a Fixed reimbursement of expensescalculated from the commission amount specified under (C) – 2) of Agreement entitled “Financial conditions in the case of Real estate RENT”, in the column “Agent’s commission in €:”, provided that it is the object of mediation is renting a Real Estate. The parties declare that the amount of the Fixed reimbursement of expensesis proportionate due to the increased expenses and the mediation of the Agent, since the Agent in the case of exclusive mediation spends significantly higher advertising and related services.
7.4.Fixed reimbursement of expensesspecified in point 7.3. is payable to the Agent bank account no later than 10 days after Principal received a call to pay with invoice.
7.5. If the Agent performs a visit of the property with a third person who has previously been introduced to the Principal (for example other Agent), the Principal is obliged to inform the Agent in writinen form, without delay, at the latest on the first visit of the third person with the Agent, otherwise the third person is unknown to the Principal.
OBLIGATIONS OF THE PRINCIPAL
in mediation of purchase or leasereal estate
8.1. If the Principal performs with Princip tour of a Real Estate that has previously been submitted by another person to the Principal, the Principal is obliged to inform the Agent in written form, without delay, at the latest at the first visit of Real estate with the Agent, otherwise the Real Estate is unknown to the Principal.
GENERAL PROVISIONS ABOUT COMMISION
9.1. The Agent is entitled to commission on the day of signing the Contract.
9.2. The commission is payable upon signing the Contract.
9.3. Any reciprocal financial entitlements that may arise between the Parties may be unambiguously counted.
9.4. Payment of the commission is made by cashless payment or in cash. Principal is entitled to pay the commission in cash only to the authorized person of the Agent.
9.5. The Agent is entitled to a commission even if the contract was signed after the termination of the Agreement if the Contract was concluded in connection with the Agent’s activity.
9.6. The Agent is entitled to a Fixed reimbursement of expensesif the Principal, despite the interest shown and a provisional (for example, oral) consent, concludes the Contract or the Future Real estate Transfer Contract (the pretended interest in selling or buying the Real estate).
9.7. Fixed reimbursement of expensesspecified in point 9.6. is payable to the Agent bank account no later than 10 days after Principal received a call to pay with invoice.
in mediation of sale or lease
10.1. If the object of mediation is sale of a Real Estate is the amount of an Agent’s commission is determined in (C) – 1) Agreements in the section entitled ” Financial conditions in the case of Real estate SALE ” section “Agent’s commission in €”. If the the object of mediation is rent of Real estate, the Agent’s commission amount is determined in (C) 2) Agreements in the section entitled ” Financial conditions in the case of Real estate RENT “, section “Agent’s commission in €”. The parties declare that this method of negotiating mediation commission is sufficiently understandable and specific.
10.2. If there is a reduction in the Principal required price for the sale of the Real Estate below the amount mentioned in (C) 1) of the Agreements (in the “Principal required price” section), the Agent retains the right to commission, at the amount specified in point (C) – 1) of Agreement in the “Agent’s commission in €” section, unless the Parties have agreed otherwise. If there is a decrease in the Principal required Rental fee of the Real Estate below the amount mentioned in point (C) – 2) of Agreement (in the section “Principal required Rental fee”), the Agent retains the right to commission, up to the amount specified in (C) – (2) Agreements in the ” Agent’s commission in €” section, unless otherwise agreed by the Parties.
10.3. The Agent is entitled to a commission even if the Principal sign contract with a third party without any further assistance from the Agent, which the Agent designated as a suitable person to conclude such a Contract (e.g., such as having carried out a real estate visit with that person). The Agent is entitled to a commission in the same way if the Principal concludes the Contract with a person who is in property or in person linked to the person he has designated as a person suitable for the conclusion of such a Contract. The Agent is entitled to a commission even if the Principal concludes the Contract with a person who is close to the person whom the Agent has designated as a person suitable to conclude such a Contract.
10.4. If, in the case of in point (D) of the Agreement is marked Exclusive mediation in the Real Estate sale and Principal concludes the Contract on Real estate without any connection to the Agent’s activity during the effective exclusive engagement under (D) of Agreement, without any valid reasons refuse to conclude the Contract with a third party, the Principal undertakes to reimburse the Agent to the Fixed reimbursement of expenses, calculated on the basis of the commission provided for in point (C) – 1) of Agreement entitled “Financial conditions in the case of Real estate SALE ” in the “Agent’s commission in €” column. If, in the case of Real estate Rent in point (D) of the Agreement is marked Exclusive mediation and Principal sign Rental Agreement or similar agreement, the Principal undertakes to reimburse the Agent to the Fixed reimbursement of expenses, calculated on the basis of the commission provided for in point (C) – 2) of Agreement in the section ” Financial conditions in the case of Real estate RENT ” in the column ” Agent’s commission in €””. The parties declare that the amount of the Fixed reimbursement of expensesof expenses is due to the increased expenses and the mediation of the Agent in an adequate mediation is adequate.
10.5.Fixed reimbursement of expensesspecified in point 10.4. is payable to the Agent’s account no later than 10 days after Principal received a call to pay with invoice.
in mediation of sale or rental
11.1. If the object of mediation is Buy of a Real Estate is the amount of an Agent’s commission is determined in (C) – 1) Agreements in the section entitled ” Financial conditions in the case of Real estate BUY ” section “Agent’s commission in €”. If the the object of mediation is rent of Real estate, the Agent’s commission amount is determined in (C) 2) Agreements in the section entitled ” Financial conditions in the case of Real estate RENT “, section “Agent’s commission in €”. The parties declare that this method of negotiating mediation commission is sufficiently understandable and specific.
11.2. The Agent is entitled to a commission even if the Principal sign contract with a third party without any further assistance from the Agent, which the Agent designated as a suitable person to conclude such a Contract (e.g., such as having carried out a real estate visit owned by that person). The Agent is entitled to a commission in the same way if the Principal concludes the Contract with a person who is in property or in person linked to the person he has designated as a person suitable for the conclusion of such a Contract. The Agent is entitled to a commission even if the Principal concludes the Contract with a person who is close to the person whom the Agent has designated as a person suitable to conclude such a Contract.
11.3. In the case of a mediation of the purchase or rental of a Real Estate, the right to commission is retained by the Agent even if the Principal concludes the Contract for such Real estate presented to it by the Agent, although its parameters are different from those which the Principal had as stated to the Agent or were defined in the Annex no. 1 of the Agreement.
11.4. The Agent is entitled to request a deposit payment from Principal when concluding Agreement for Fixed reimbursement of expensesor commissions
NOTIFICATION AND COMMUNICATION
12.1. Documents shall be served on the other Party to the address specified in the Agreement or to any other address expressly provided by the Party as the delivery address. The day of receipt of the document shall be the date on which the addressee has received the document or the day when the addressee refused to take the document or the day the document was returned to the sender as undeliverable.
12.2. The communication between the Parties is preferably by e-mail (to the addresses given in the agreement) or by telephone. The other Party’s consent in the e-mail message is considered to be an amendment or amendment to the Agreement. An e-mail message is deemed delivered the next day after it is sent unless an earlier delivery date is established.
12.3. Termination of agreement can not be delivered by electronic communication.
TERMINATION OF THE AGREEMENT
13.1. The agreement terminates by fulfilling its subject, agreement of the parties, written notice, The expiration of the Agent without a legal successor.
13.2. In the event that the Parties have negotiated non-exclusive mediation, each of the Parties to the Agreement shall at any time terminate the Agreement in writing.
13.3. In the event that the Parties have negotiated an exclusive mediation in the Agreement, any of the Parties may terminate this Agreement at the earliest after the expiry of the period for which the sole mediation has been negotiated and before the expiry of that period, even if the Agent is proving to be inactive.
13.4. Termination is effective on the date of delivery of written notice to the other Party. the next day if the date is later reported.
14.1. The agreement is concluded for an indefinite period.
14.2. The Agreement shall enter into force and effect from the date of signature.
14.3. The Agreement is drawn up in two equalisations, one for each of the Parties. Any changes and additions to the Agreement may be made only by agreement between the parties and in writing only.
14.4. Principal acknowledges that his / her personal data is processed in accordance with Act no. 122/2013 Z.z. on the Protection of Personal Data and on Amendments to Certain Acts.
Using of the website
Real Estate is only an intermediary and our website serves as a contact point for all those who offer available properties and who look for available properties. Real Estate is neither a less or nor an owner of properties. Each lease or sale shall be defined by a contract concluded between the less or and the lessee/the purchaser and the seller and the responsibility for the content and conclusion of the lease or purchase contract shall be borne solely by the less or and the lessee/the purchaser and the seller. Real Estate participates in negotiations about the lease/purchase contract only as a property lease/sale intermediary and bears no responsibility for the content of the contract, its conclusion or its performance by the contractual parties. Real Deluxe Living real estate agency and Sirelux spol. s r.o. bears no responsibility for any disputes, which might arise based on these contracts.
The lessee/purchaser acknowledges and agrees that RE publishes available information, which it to the best of its knowledge considers available at the time of their website publication and matching the published description, and it tries to keep the information published on its website as accurate as possible; however, it does not guarantee that the property, to which the lessee moves, will match exactly the picture or description shown on the website. Given the nature of the market with realties for lease and sale, some offers may be no longer available or the terms and conditions of the lease/sale may change (price, furnishings).The lessee acknowledges and agrees explicitly with the fact that Real Deluxe Living relies solely on the information about properties shown on the website provided by property owners and provides no guarantee for the accuracy of descriptions of properties, which appear on its website. All information about properties on the website come from sources which the company considers reliable, and the photographs, descriptions and information about these properties correspond with the situation when the photograph was taken or delivered to RE .
The Claim Rules governs the conditions, manner and place of complaints clearance, as well as the mutual rights and obligations of the Real Estate and the client in the complaints proceedings. Each client (hereinafter referred to as „customer“) has the right to apply to the RE a complaint about the service provided.
The customer can claim the complaint in a written form by letter to the Real Estate office or e-mail address: firstname.lastname@example.org
The term „complaint“ means the claim of customer’s right to verify the accuracy, quality or extent of the service provided and/ or the liability for fault in the services of the Real Estate. The complaint is not a customer’s complaint that relates to a nonfulfillment or defective performance of a third party’s obligations, a customer’s incentive to improve the services of the Real Estate or another request whose subject are not services or activities of the Real Estate.
The customer has by claiming the complaints the right according § 622 and § 623 of the Civil Code. The rights and obligations of the customer related to claiming and handling the complaint are regulated by § 18 et seq. of Act no. 250/2007 Body of Law on consumer protection.
The customer decides which of the rights according to § 622 and § 623 of the Civil Code by claiming the complaints will be applied. The customer is obligated to attach to the complaints all the documents and evidence that prove their statements. Based on the customer’s decision, the Real Estate agency will determine the way of the complaints handling, without delay, in complex cases no later than 3 working days after the date of claiming the complaint. In justified cases, especially if a complex professional assessment of the quality or extent of the service provided is required; it will determine the method of handling within 30 days of the date of claiming the complaint.
After determining the way of complaints´ handling, the complaint will be settled immediately, and in justified cases, the complaint may be reclaimed later, and the complaint will take up to 30 days of the date of claiming the complaint. After expiration of the deadline for complaint handling, the customer has the right to withdraw from the contract. Claiming a complaint means terminating a claim by remedying the lack of service or a part of the service that is not provided at all, by paying a reasonable rebate on commission. If the complaint is unjustified, the Real Estate will reject the complaint.
The Real Estate agency bears all the costs associated with handling the complaint. This does not affect the claim of RE to compensate for the demonstrably incurred costs related to the handling of an unjustified complaint.
The RE gives a confirmation to the customer by applying the complaint. If a complaint is claimed by means of remote communication (e-mail), the RE will promptly deliver the confirmation of the complaint receiving to the customer. If the complaint confirmation cannot be delivered immediately, it will be delivered without undue delay, but at the latest with the evidence of arranging the complaint.
The RE shall issue a written document about arranging the complaint within 30 days from the day of of claiming the complaint.
LEARNING ABOUT ALTERNATIVE CONFLICT SOLVING
The customer has the right to apply to the Real Estate (e.g. via e-mail to the address email@example.com) with the request for redress, if he/ she is not satisfied with the way in which the Real Estate has reclaimed their complaint or if the customer believes the RE has violated his rights.
If the RE responds, or fails to respond to this request within 30 days of its sending, the customer has the right to file a motion for alternative conflict solving for a subject of alternative conflict solving according to § 12 of Act no. 391/2015 Body of Law on alternative conflict solving.
Slovak Trade Inspection is the relevant body for alternative conflict solving, to which the customer can file a motion at the following address : Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Customer Conflict Solving, Prievozská 32, P.O.BOX 29, 827 99 Bratislava 27 or electronically at the address: firstname.lastname@example.org, email@example.com. Other subjects eligible for alternative customer conflict solving are listed in the online list of subjects:
The client (customer) of the RE may use the online conflict solving platform to file a motion for an alternative conflict solving, available at the address:
The motion to launch an alternative conflict solving must include:
Customer’s name and surname, delivery address, electronic address and telephone contact, if any,
Exact definition of the Real Estate,
Complete and comprehensive description of the decisive facts,
Indication of what the customer is demanding,
Date, on which the customer applies with the request for redress to the RE and information that the attempt to solve the conflict directly with the RE was inconclusive,
Statement that the same motion has not been submitted to another alternative conflict solving subject, the court or arbitration tribunal has not ruled on the case, the mediation agreement has not been concluded or an alternative conflict settlement has been terminated in accordance to § 20 (1) (a) to (e) of Act no. 391/2015 Body of Law on the alternative customer conflict solving.
The motion to launch an alternative customer conflict solving is available online at: https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2015/391/20160201_…
Consent to the registration and processing of personal data according to the Act No. 122/2013 Body of Law Pursuant to the Act 122/2013 Body of Law on Protection of Personal Data as amended by later legislation with the communication with the company Sirelux spol. s r.o. and Realdeluxe Real estate office you give your approval with handling, processing and storing of your personal data relating to the contractual documentation of Sirelux spol. s r.o. and Realdeluxe real estate office and with searching/ offering a real estate, at the same time, the information you provide about the photo view, belongs to the Special Category of Personal Data. You declare honestly that all above information is true and disclosure of data is voluntary by its own decision. These data may be processed solely for the purpose of processing the contractual documentation and for the purposes of the database of clients looking for / offering suitable real estates. The consent is given for a fixed period of 3 years, which can be withdrawn at any time in a written form within 30 days. After 3 years period, data will be anonymized and further used for statistical purposes only.
This Claim Rules shall enter into force on 01/10/2018 .