General terms and conditions

The following general terms and conditions form the basis for all agreements concluded between Jaklin Riegelmann & Co GmbH and its customers and are contractually binding unless different agreements have explicitly been made.

  1. Conclusion of the agency agreement
  2. The agency agreement / search mandate between Jaklin Riegelmann & Co GmbH and the customer is concluded through a suitable written agreement or by the use of the agency services of Jaklin Riegelmann & Co GmbH in knowledge of the obligation to pay a commission.

  3. Duty of care of Jaklin Riegelmann & Co GmbH
  4. Jaklin Riegelmann & Co GmbH will provide its agency services with standard commercial care.

  5. Duty of care of the customer
  6. The customer is required to provide Jaklin Riegelmann & Co GmbH with all information which Jaklin Riegelmann & Co GmbH needs for the proper execution of the agency agreement. The customer is also required to ensure that this information is correct and not misleading; rights of third parties must not be infringed.

  7. Disclosure of previous knowledge
  8. The customer is required to notify Jaklin Riegelmann & Co GmbH without delay if at the time of the conclusion of the agency agreement he already has knowledge of the opportunity to conclude the final purchase contract, including the willingness of the other party to conclude this final purchase contract. The same applies if the customer receives this knowledge from a third party during the term of the agency agreement. If the customer breaches his obligation to disclose his previous knowledge and Jaklin Riegelmann & Co GmbH thereby sustains a loss, the customer will be required to compensate this loss.

  9. Confidentiality
    1. The customer is aware that all documents and information received from Jaklin Riegelmann & Co GmbH in connection with the agency agreement, including any property brochures, are legally protected. The transfer of such documents and/or information to third parties is not permitted without the prior written consent of Jaklin Riegelmann & Co GmbH. If the customer breaches his above obligation and Jaklin Riegelmann & Co GmbH thereby sustains a loss, the customer will be required to compensate this loss.
    2. If the unauthorised transmission of the documents and/or information leads to the conclusion of a final purchase contract with the third party, the claim for damages of Jaklin Riegelmann & Co GmbH includes the commission payment which would have been payable if Jaklin Riegelmann & Co GmbH had introduced or brokered this final purchase contract with the third party in accordance with the provisions of this agreement. By exception this will not apply if the final purchase contract concluded is not essentially commercially equivalent to the final purchase contract envisaged between Jaklin Riegelmann & Co GmbH and the customer.

  10. Creation of the commission entitlement of Jaklin Riegelmann & Co GmbH / Information duty of the customer
    1. The commission entitlement of Jaklin Riegelmann & Co GmbH is created when a final purchase contract has been concluded between the customer and a third party brokered or introduced by Jaklin Riegelmann & Co GmbH.
    2. The customer is required to notify Jaklin Riegelmann & Co GmbH of the conclusion of the final purchase contract immediately and provide information on the essential content of the final purchase contract for the calculation of the commission claim, if Jaklin Riegelmann & Co GmbH has not been present at the signing of the final purchase contract by the party accepting the final purchase contract. On the first request of Jaklin Riegelmann & Co GmbH, the customer is also required to provide Jaklin Riegelmann & Co GmbH with a simple copy of the final purchase contract.

  11. Reciprocal agency
  12. Jaklin Riegelmann & Co GmbH is also entitled to act for the other party to the final purchase contract for a charge or free of charge, provided there is no conflict of interest. Jaklin Riegelmann & Co GmbH will maintain strict impartiality.

  13. Use of data and data protection
    1. The customer agrees that data relating to the contractual relationship will be stored on data storage media in the context of the processing of an agency agreement. In addition, Jaklin Riegelmann & Co GmbH is also entitled to pass this data on to third parties if this is necessary for the proper execution of the agency agreement. Jaklin Riegelmann & Co GmbH will comply with the applicable data protection laws when processing personal data. The data protection statement available on the Jaklin Riegelmann & Co GmbH website applies.
    2. If Jaklin Riegelmann & Co GmbH processes the customer's data without personal reference (i.e. outside the scope of the applicable data protection laws), the processing purposes for personal data stated in the data protection statement and in these general terms and conditions apply accordingly. The customer expressly agrees that Jaklin Riegelmann & Co GmbH processes this data for the mentioned purposes. This includes, for example, the storage of general property-related data (e.g. description, dimensions, location, asking price as well as photos, films, floor plans) for the purpose of inclusion in an electronic database and its publication in connection with an introduction or brokerage agreement in electronic and print media.
    3. If the processing of the customer's personal data requires his express consent and he does not give it by other means, the customer declares his consent as follows:

  14. Declaration of consent
    1. Insofar as processing of personal data by Jaklin Riegelmann & Co GmbH requires my consent, I agree that Jaklin Riegelmann & Co GmbH processes the data provided by me in individual cases for the purpose of processing my specifically formulated request. I can revoke this consent to Jaklin Riegelmann & Co GmbH at any time with effect for the future.
    2. In the context of a business relationship with Jaklin Riegelmann & Co GmbH, the situation may arise in which Jaklin Riegelmann & Co GmbH passes on my personal data to persons or companies (e.g. notaries, lawyers, auditors, tax consultants, construction technicians, financial institutions) involved in the processing of the contractual relationship. In the case of cooperations and search mandates, this data may also be made available to selected agencies or brokers. I agree that this transfer should also take place if these persons or companies are located in a third country outside the scope of the EU-General Data Protection Regulation (GDPR). I am aware of the risks associated with this in regard to the protection of my personal data. I can revoke this consent to Jaklin Riegelmann & Co GmbH at any time with effect for the future.

  15. Liability of Jaklin Riegelmann & Co GmbH
    1. The liability of Jaklin Riegelmann & Co GmbH for loss of profit, indirect damages or defect consequences is excluded.
    2. Jaklin Riegelmann & Co GmbH assumes no liability whatsoever for information received from third parties and used for the execution of the agency agreement, in particular not for its accuracy, timeliness, completeness and correctness. This also includes the information developed by Jaklin Riegelmann & Co GmbH on the basis of the information received regarding the potential subject of the final purchase contract.
    3. Jaklin Riegelmann & Co GmbH is also not liable for the accuracy, timeliness, completeness and correctness of information which it has collected for the execution of the agency agreement or which has been made available to it by third parties.
    4. Jaklin Riegelmann & Co GmbH assumes no liability for the correctness of the information in property brochures prepared by Jaklin Riegelmann & Co GmbH or for other information which is transmitted by Jaklin Riegelmann & Co GmbH to third parties within the context of the agency agreement.
    5. Insofar as the liability of Jaklin Riegelmann & Co GmbH has been excluded or restricted in the above lit. a) to d) or in other provisions of the agency agreement, this does not apply to gross negligence or deliberate damage caused by Jaklin Riegelmann & Co GmbH or its legal representatives or vicarious agents in the event of injury to life, body or health, which are based on a negligent breach of duty by Jaklin Riegelmann & Co GmbH, its legal representatives or vicarious agents. The above exclusion of liability also does not apply if Jaklin Riegelmann & Co GmbH, its legal representatives or vicarious agents have violated a cardinal obligation deliberately or negligently or if Jaklin Riegelmann & Co GmbH is liable according to mandatory law.

  16. Revocation right of consumers within the meaning of § 13 BGB (German Civil Code)
    1. You have the right to revoke this contract within a period of fourteen days without giving reasons.
      The revocation period will be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must contact us, Jaklin Riegelmann & Co GmbH, Ohmstraße 15, 80802 Munich, Germany, Fax: +49 89 41615939-9, E-mail: with a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
      In order to meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
    2. If you revoke this contract, we will be required to repay all payments made by you without delay and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you used in the original transaction, unless we have expressly agreed otherwise with you; in no case will you be charged fees for this repayment. If you have requested that the services be commenced during the revocation period, you will pay us a reasonable amount equal to the proportion of the services already provided by us before the exercise of the right of revocation with respect to this contract relative to the total scope of the services stipulated in the contract.
    Sample revocation form as PDF file
    End of revocation notice.

  17. Term of the agency agreement
  18. The agency agreement runs indefinitely. It may be terminated by either party with a period of notice of fourteen days to the end of the month. The termination must be in writing. The agency agreement also ends with the conclusion of the final purchase contract.

  19. Final provisions
    1. If a provision of the agency agreement is void or contestable or for any other reason invalid, the remainder of the contract will remain valid. In such a case, the contracting parties undertake, instead of the void, contestable or invalid provision, to agree on a provision which is as close as possible to its meaning and which ensures an equivalent commercial outcome.
    2. The law of the Federal Republic of Germany will exclusively apply to the agency agreement, to the exclusion of any provisions on conflict of law. Therefore, in the event that, due to different etymology or meaning of legal terms, a different meaning may be assigned to the original with respect to this translation, the original German version shall prevail in regulating any legal matter arising from these general terms and conditions.
    3. The place of performance for all obligations and claims resulting from the contractual relationship is Munich, Germany. The legal venue is agreed to be Munich, provided that both contracting parties are businesses within the meaning of § 14 BGB (German Civil Code).
    4. Jaklin Riegelmann & Co GmbH is not obliged and not willing to participate in arbitration before a consumer arbitration board in accordance with the VSBG.
    5. Changes and additions to the agency agreement must be made in writing. This also applies to the cancellation of the written form requirement.
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