General conditions of mediation
General conditions of mediation
Broker: ALFA Reality Group, s.r.o., IČO: 52332985, with registered office: ul. R. Jašíka 158/8, 958 01 Partizánske, phone: 0948969676, e-mail: info@alfareality.sk
(hereinafter referred to as the "Terms")
Article I.
INTRODUCTORY PROVISIONS
- These General Terms and Conditions of Real Estate Mediation regulate the rights and obligations between us - ALFA Reality Group, s.r.o., IČO: 52332985, with its registered office: ul. R. Jašíka 158/8, 958 01 Partizánske as an intermediary (hereinafter referred to as "Intermediary") and by you as an interested party (hereinafter referred to as "Interested Party") in connection with the mediation of the sale or lease of real estate.
- These Conditions form an inseparable part of the Intermediary Agreement (hereinafter referred to as the “Intermediary Agreement”), which arises between the Intermediary and the Applicant by an unconditional electronic (eg e-mail) confirmation of the following contractual conditions by the Applicant:
a.) purpose of mediation - mediation of sale or lease of real estate,
b.) designation of the real estate that is the subject of mediation,
c.) the amount of the brokerage commission or its determination,
d.) form of mediation - exclusive or non-exclusive,
e.) the period during which the mediation of the sale or lease of real estate will be performed. - Legal relations regulated by these Conditions are governed by the relevant provisions of Act no. 40/1964 Coll. Of the Civil Code as amended.
Article II.
INTERPRETATION OF TERMS
- The capitalized terms used in this Article shall have the meanings ascribed to them in these Terms or in other documents to which they apply, unless otherwise stated in these Terms or in other documents.
Real estate - real estate that is the subject of mediation.
Agreement on the transfer of ownership of the Real Estate - any contract for consideration or free of charge, which results in the transfer of ownership of the Real Estate or the transfer of a business share or ownership interest in the company that owns the Real Estate.
Lease agreement - an agreement on the basis of which the landlord leaves the Real Estate or its part for use to a third party (tenant) for an agreed fee (rent). A lease agreement is also considered to be a sublease agreement or any other agreement by which the Applicant leaves the Real Estate to a third party for temporary use.
Contract - a contract on the transfer of ownership of the Real Estate or a lease contract for the Real Estate between the Applicant and a third party.
Exclusive mediation - a form of mediation agreed for a definite period of time, during which, at the will of the Applicant, the only person authorized to mediate the sale of the Real Estate is the Intermediary, as provided for in this Intermediary Agreement. The Applicant is not entitled to secure the conclusion of the Contract through a third party or on its own.
Non-exclusive mediation - a form of mediation in which the Applicant is entitled to enter into a mediation agreement with persons other than the Intermediary.
Party (Plural: Parties) - the contracting party (parties) of the Mediation Agreement, i.e. Intermediary and / or Applicant.
Serious reason - such a reason on the part of the Contracting Party, which for objective reasons results in a direct impossibility of fulfilling the obligation specified in the Mediation Agreement or the Conditions. Serious reasons include war, martial law, state of emergency, state of emergency, hospitalization of the Party for more than ten days, serious injury to the Party, death of a related party's relative, sibling, spouse, partner. Serious reasons do not include those reasons about which the Party knew or could have expected the Serious reason or its consequences before concluding the Mediation Agreement.
Article III.
OBLIGATIONS OF THE INTERMEDIARY
- The Intermediary undertakes to procure for the Commission a commission for the conclusion of the Contract in accordance with the conditions stipulated in the Intermediary Contract.
- The Intermediary is obliged to notify the Applicant of all important facts related to the mediation, in particular facts that may affect the Applicant's decision to enter into the Contract.
- The Intermediary is obliged to look for third parties who are interested in concluding a Contract with the Applicant for Real Estate.
- The Parties have agreed that in the case of an offer of Real Estate for sale, the Intermediary will offer the Real Estate for the Applicant the required price plus the Intermediary's commission and in the case of an offer of Real Estate for Rent the Intermediary will offer the Real Estate for the Applicant the required (monthly) rent price plus energy.
- The intermediary is liable for defects in its services pursuant to § 622 and § 623 of the Civil Code.
- The Intermediary is not liable to the Applicant for the fulfillment of the obligations of third parties from the concluded Contracts.
- The range of services provided by the Intermediary to the Interested Party in arranging the sale of real estate:
Services:
Non-exclusive mediation
Exclusive mediation
Documentary inspection of real estate
x
x
Real estate photo documentation
x
x
Photo documentation of real estate through a professional photographer
x
Proposal of sales strategy and determination of the sold price
x
x
Professional preparation of real estate for sale - guidance of homestaging consultants
x
Real estate promotion, including paid advertising on selected real estate portals
x
x
Real Estate Promotion in Print Media
x
Real estate inspections with third parties
x
x
Inspections Real estate with third parties outside working days
x
x
Ensuring the elaboration of the reservation contract
x
x
Ensuring the elaboration of a purchase contract through a law firm
x
x
Ensuring the confirmation of the administrator of the apartment building about the non-existence of arrears associated with the apartment on the basis of a power of attorney
x
x
Securing a proposal for a deposit in the real estate cadastre
x
x
Personal assistance of a real estate agent with acts connected with a notary, bank and cadastre
x
x
Providing the necessary cooperation to the bank, notary, lawyer, expert, fin. intermediary
x
x
Personal participation of a real estate agent in acts connected with the protocol handover of the Real Estate
x
x
Payment of the fee for official verification of the seller's signature on purchase contracts (max. 15 signatures)
x
x
Payment of a fee of EUR 66 for a proposal to deposit ownership in the real estate cadastre
x
x
other
- The range of services provided by the Intermediary to the Interested Party in arranging the rental of real estate:
Services:
Non-exclusive mediation
Exclusive mediation
Documentary inspection of real estate
x
x
Real estate photo documentation
x
x
Photo documentation of real estate through a professional photographer
x
Real estate promotion, including paid advertising on selected real estate portals
x
x
Real Estate Promotion in Print Media
x
Real estate inspections with third parties
x
x
Inspections Real estate with third parties outside working days
x
x
Ensuring the preparation of the lease agreement through a law firm
x
x
Personal participation of a real estate agent in actions connected with the protocol handover of the Real Estate
x
x
other
Article IV.
OBLIGATIONS OF THE INTERESTED PARTY
- The Applicant undertakes to pay a commission to the Intermediary if the Contract has been concluded with the intervention of the Intermediary, as follows from the Intermediary Contract.
- The Applicant is obliged to notify the Intermediary without undue delay of all important facts related to the mediation, in particular facts that may affect the Candidate's decision to conclude the Contract.
- The Applicant is obliged to make the Real Estate available to third parties who have expressed an interest in a personal inspection of the Real Estate.
- The Applicant is obliged to allow access to the Real Estate for persons acting on behalf of the Broker (hereinafter referred to as the "Broker") and allow them to perform all actions necessary to obtain detailed information about the Real Estate.
- At the request of the Intermediary, the Applicant is obliged to submit to the Intermediary all documents and documents that the Intermediary needs to fulfill the obligations under the Intermediary Agreement.
- The Applicant is obliged to provide the Intermediary with the necessary cooperation to achieve the result of the Mediation Agreement.
- If the Intermediary inspects the Real Estate by a meeting person who has previously been introduced to the Interested Party (eg another intermediary), the Interested Party is obliged to inform the Intermediary in writing (eg on the inspection report), without delay, at the latest at the first inspection of a third party with Intermediaries; otherwise, the third party is unknown to the Applicant.
- The Applicant undertakes not to enter into any other brokerage contract, brokerage contract, contract for the sale of goods or any other similar contract, the subject of which would be the mediation of the transfer of ownership of real estate or real estate, during the duration of exclusive mediation agreed in the Mediation Agreement. Real estate without the cooperation of an Intermediary. Otherwise, the Candidate is obliged to pay the Intermediary a flat-rate reimbursement of expenses in the amount of 80% of the amount of the agreed commission of the Intermediary. The amount of the flat-rate reimbursement of expenses is reasonable in view of the increased costs and the activity of the Intermediary in exclusive mediation and corresponds to the seriousness of the breached obligation. The flat-rate reimbursement of expenses is payable to the Intermediary's account no later than 5 days from the delivery of the invitation addressed to the Applicant.
Article V.
COMMISSION
- The Intermediary is entitled to a commission on the day of signing the Contract.
- The commission is payable upon signing the Contract.
- Any reciprocal financial claims that may arise between the Parties may be set off unilaterally.
- The commission is paid by non-cash payment system or in cash. The Applicant is entitled to pay the commission in cash only to the authorized person of the Intermediary.
- The Intermediary is entitled to a commission even if the Agreement was signed after the expiry of the Intermediation Agreement, if the Agreement was concluded in connection with the activities of the Intermediary.
- The Intermediary is entitled to a commission even if the Interested Party enters into a Contract with a third party designated by the Intermediary as a person suitable for concluding such a Contract without further cooperation of the Intermediary (eg by inspecting the Real Estate with this person). The Intermediary is entitled to commission also in the event that the Candidate enters into an Agreement with a person who is connected in property or personnel with a person designated by the Intermediary as a person suitable for concluding such an Agreement. The Intermediary is entitled to a commission even if the Applicant enters into an Agreement with a person who is close to the person designated by the Intermediary as a person suitable for concluding such an Agreement.
- In the event that exclusive mediation is agreed and the Candidate concludes a Contract for Real Estate without any connection to the activities of the Intermediary during the effective mediation (exclusive) mediation, or if the Candidate refuses to enter into a Contract with a third party without serious reasons, the Candidate is obliged to pay the Broker reimbursement of expenses in the amount of 80% of the amount of the agreed commission of the Intermediary. The amount of the flat-rate reimbursement of expenses is, in view of the increased costs and the activity of the Intermediary in exclusive mediation, appropriate and responsible for the seriousness of the breached obligation. The flat-rate reimbursement of expenses is payable to the account of the Intermediary no later than within 5 days from the delivery of the invitation addressed to the Applicant.
- The commission includes all costs incurred by the Intermediary in connection with the activities under the Intermediary Agreement.
- If the Applicant, despite the expressed interest and preliminary (for example oral) consent to conclude the Contract, finally refused without serious reason to conclude the Contract or future Contract on transfer of ownership of the Real Estate (pretended interest to sell or buy Real Estate), the Applicant is obliged to reimburse the Intermediary in the amount of 80 expenses. % of the amount of the agreed commission of the Intermediary. The flat-rate reimbursement of expenses is payable to the account of the Intermediary no later than within 5 days from the delivery of the invitation addressed to the Applicant.
Article VI.
DELIVERY
- Documents in paper or electronic form are delivered to the other Party to the address specified in the Mediation Agreement, or to another address that the Party has explicitly stated as the delivery address (for example, by sending an e-mail to the other party from a certain e-mail address).
- Documents in paper form are considered delivered on the day of their receipt by the other Party (recipient). Documents are also considered delivered on the day of refusal to receive the document or on the day of return of the consignment to the sender due to non-receipt by the recipient within the specified collection period. Messages delivered by electronic mail (e-mail) are considered delivered on the day following the day of sending the electronic message, unless an earlier delivery date is proven.
- Communication between the Parties takes place preferably by e-mail or telephone. The consent expressed by the other Party in the e-mail message is considered to be an addition or change to the Mediation Agreement.
- The party that has changed its address is obliged to inform the other party without undue delay.
Article VII.
TERMINATION OF THE MEDIATION AGREEMENT
- The mediation contract expires upon fulfillment of its subject, by agreement of the parties, or termination of the Intermediary without a legal successor. The mediation contract also terminates upon termination or withdrawal, according to the conditions specified in the following paragraphs.
- In the event that the Parties have arranged mediation for an indefinite period in the Mediation Agreement, each of the Parties is entitled to terminate the Mediation Agreement at any time in writing with three months' notice beginning on the first day of the month following the month in which the other party received the notice.
- The Applicant has the right to withdraw from this Mediation Agreement without giving a reason within 14 days. The period for withdrawal from the Mediation Agreement expires after 14 days from the date of concluding the Mediation Agreement. When exercising the right to withdraw from the Intermediary Agreement, the Applicant shall send the Intermediary a notice of withdrawal from this Intermediary Agreement (for example by post, fax or e-mail) to the address of the Intermediary specified in the Intermediary Agreement. For this purpose, the Candidate may use a sample form for withdrawal from the Mediation Agreement, which is sent to the Candidate together with these Conditions. The period for withdrawal from the Mediation Agreement is maintained if the Applicant sends a notice of the exercise of the right to withdraw from the Mediation Agreement before the expiry of the period for withdrawal from the Mediation Agreement.
- Upon withdrawal from the Intermediation Agreement, the Intermediary shall return to the Interested Party all payments made by the Interested Party to the Intermediary in connection with the conclusion of the Intermediary Agreement. Payments will be returned to the Applicant without undue delay, no later than 14 days from the date on which the Intermediary was notified of the withdrawal from this Intermediary Agreement. Refunds will be made in the same way as the Applicant used for payment, unless the Candidate has expressly agreed to another method of refund, without charging any additional fees.
- If the Applicant has requested the commencement of the provision of services under the Intermediary Agreement during the period for withdrawal from the Intermediary Agreement, he is obliged to pay the Intermediary the price for the services actually provided by the day the Intermediary received the notice of withdrawal from this Intermediary Agreement.
- The Candidate may not withdraw from the Intermediary Agreement if the provision of services under the Intermediary Agreement began with the express consent of the Interested Party and the Interested Party stated that he was duly informed that by expressing this consent he loses the right to withdraw from the Intermediary Agreement after full provision of services under the Intermediary Agreement. , and if the full provision of services has already taken place in accordance with the Mediation Agreement.
Article VIII.
FINAL PROVISIONS
- By concluding the Contract, the Applicant consents to the use of general data on the Real Estate and photo documentation of the Real Estate for the purpose of advertising in the print media, on the Internet, etc.
- The Candidate may send a complaint or complaint to the Mediator by e-mail communication or by post to the address specified in these Conditions. These suggestions and complaints will be provided to the Intermediary without undue delay.
- The conditions are governed in their entirety by the law of the Slovak Republic.
- The intermediary declares that he has undertaken to comply with the Real Estate Code of the Real Estate Union of the Slovak Republic, which is available at: https://www.realitnaunia.sk/predpisy-unie/realitny-kodex.
INSTRUCTIONS FOR THE PROTECTION OF PERSONAL DATA
For what purpose will personal data be processed?
The intermediary processes your personal data in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (General Data Protection Regulation) and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws. Your personal data will be processed by the Intermediary to the extent necessary for the performance of the Intermediary's obligations arising from the Intermediation Agreement. Without the provision of personal data, it is not possible to fulfill the obligations of the Intermediary arising from the contract. The legal basis for the processing of your data will be a brokerage contract. In connection with the main purpose of the processing, personal data may be processed for other purposes to the extent required by law on the Intermediary (eg obligations in the field of protection against money laundering or obligations arising from the Accounting Act). In these cases, the legal basis for the processing of personal data is the fulfillment of the legal obligations of the Intermediary.
According to Act no. 297/2008 Coll. on Protection against Money Laundering and on the Financing of Terrorism and on Amendments to Certain Acts
The intermediary is obliged to process personal data for the purposes of the prevention and detection of money laundering and terrorist financing, which, depending on the circumstances, includes in particular: (a) identification of the client, (b) identification of the end-user of the benefits, (c) identification of the ownership and management structure of the client who is a legal person, (d) information on the purpose and intended nature of the transaction the end user of the client's benefits is a politically exposed person or a sanctioned person, f) ascertaining the origin of funds or assets in a business or business relationship, g) ascertaining whether the client is acting in his own name, conducting ongoing monitoring of the business relationship.
To whom can personal data be passed?
In connection with the fulfillment of the objectives of the brokerage contract, your personal data may be provided to the necessary extent to third parties, for example:
- real estate broker of the Intermediary,
- a lawyer for the purpose of preparing or assessing the contractual documentation (for example, for the preparation of a purchase contract), or for performing the authorization of the contract,
- a notary for the purpose of preparing a notarial record or a bank for the purpose of preparing a binding,
- an expert in order to draw up an expert opinion or energy certificate for real estate,
- a financial intermediary for the purpose of arranging a loan for the acquisition of real estate,
- a cooperating real estate agency representing the other party to the joint commercial case,
- to the relevant district office (cadastral department) when submitting a proposal for registration in the real estate cadastre.
How long will personal data be kept?
The data will be kept for the period required by law or necessary for the exercise of liability claims (eg Act No. 297/2008 Coll. Requires the retention of documentation for a period of five years from the termination of the contractual relationship).
What are your rights?
You have the right to:
- to access information on the extent to which your personal data is processed,
- request correction of personal data if you find that it is incorrect, or request completion of incomplete data,
- obtain your personal data that you have provided to the Intermediary in a commonly used electronic format and transfer them to another entity (but only if they are processed by the Intermediary by automated means),
- request a restriction of the processing by the Intermediary, if at the same time you challenge the accuracy of personal data or if the processing is illegal, or the Intermediary no longer needs them, but you need them to assert your claims,
- request the deletion of your personal data if they are no longer necessary for the purposes for which they were obtained or processed, if personal data have been processed illegally or if they must be deleted in order to comply with a legal obligation,
- file a complaint with the supervisory authority if you believe that your rights regarding personal data have been violated. The supervisory body is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12,820 07 Bratislava 27.
INSTRUCTIONS ON THE POSSIBILITY OF COMPLAINTS
Pursuant to Act no. 250/2007 Coll. on consumer protection, you can file a complaint in any of the intermediary's establishments. The complaint is the assertion of liability for service defects. When making a complaint, you can decide which of the rights under § 622 and § 623 of the Civil Code you are claiming. Based on your decision, the broker will determine the method of handling the complaint immediately, in difficult cases no later than 3 working days from the complaint, in justified cases, especially if a complex technical assessment of the service is required, no later than 30 days after the complaint.
After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later. However, the settlement of the complaint may not take longer than 30 days from the filing of the complaint. After the expiration of the period for handling the complaint, you have the right to withdraw from the contract.
The handling of the complaint does not affect your right to compensation. Complaint handling means the termination of the complaint procedure by correcting the insufficiently or not at all provided service or its part, by paying a reasonable discount from the brokerage fee (commission).
If your complaint is unjustified, the Broker will reject the complaint. The intermediary bears the costs associated with handling the complaint. This does not affect the Mediation's right to reimbursement of demonstrably incurred costs related to the handling of an unjustified complaint.
The broker will issue you a confirmation when making a complaint. If the complaint is made by means of long-distance communication (by e-mail), the Broker will deliver a confirmation of receipt of the complaint immediately. If the confirmation of the complaint cannot be delivered, it shall be delivered immediately without undue delay, but no later than together with the proof of the complaint. The Broker does not have to deliver the confirmation of the complaint to you if you have the opportunity to prove the complaint differently. The complaint handling broker shall issue a written document no later than 30 days from the date of the complaint.
INSTRUCTIONS ON ALTERNATIVE DISPUTE RESOLUTION
You have the right to apply to the Broker for redress if you are not satisfied with the way the Broker handled your complaint or if you believe that
The broker has violated your rights. If the Mediator has responded to your request for redress in a negative manner or has not responded to it within 30 days from the date of its dispatch, you have the right to file a motion to initiate an alternative dispute resolution under Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes to the Slovak Trade Inspection Authority at the address: Slovak Trade Inspection Authority, Central Inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Prievozská 32, p. p. 29,827 99 Bratislava 27 or electronically at: ars@soi.sk, adr@soi.sk. The proposal can be submitted in paper form
in electronic form or orally in the minutes. This does not affect the possibility to go to court.
The proposal must include your name and surname, delivery address, e-mail address and telephone contact (if you have them), the exact designation of the Broker, a complete and comprehensible description of the decisive facts, an indication of what you are seeking, the date on which you contacted the Broker. request for redress and information that the attempt to resolve the dispute directly with the Mediator was unsuccessful, a statement that the case was not sent the same proposal to another ADR entity, the court or arbitral tribunal did not decide the case, no mediation agreement was concluded nor was it
in the matter, the alternative settlement of the dispute was terminated in the manner pursuant to § 20 para. 1 letter a) to e) of the Act on Alternative Dispute Resolution of Consumer Disputes. You are required to attach to the application documents related to the subject matter of the dispute, which prove the facts stated in the application. A proposal to initiate an alternative consumer dispute resolution is also available online at:
https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2015/391/20160201_4545799-2.pdf
MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT
(fill in and send this form only if you wish to withdraw from the contract)
- To ALFA Reality Group, s.r.o., IČO: 52332985, with registered office: ul. R. Jašíka 158/8, 958 01 Partizánske:
- I hereby announce * that I withdraw from the contract for these goods / from the contract for the provision of this service *: ..............
- Date of order / date of receipt * ..............
- Name and surname of consumer (s) * ..............
- Address of the consumer (s) * ..............
- Signature of the consumer (s) * (only if this form is submitted in paper form) ..............
- Date ..............
* Strike out what does not apply.