1. Introduction

1.1 REALPORTICO is an international real estate portal for the marketing of individual real estate, living spaces and properties. The operation and development of the portal is carried out by the REALPORTICO UG (limitation of liability), Kaiserstr. 1, 76846 Hauenstein, Germany.

1.2 Providers of real estate register as business or private customers and offer properties for sale or rent throughout Europe. Business customers and private providers can use the portal equally.

1.3 The Platform is provided on the basis of these Terms of Use, whereby registered users are hereinafter referred to as Users.

2. Use of the platform and booking of advertisements

2.1 Registration of an advertisement on the platform requires registration. As part of the registration, the user agrees to the validity of these Terms of Use. However, the registration does not create a contract for the use of fee-based services offered via the platform.

2.2 After completing the registration, the user has the opportunity to book and create advertisements and thereby present real estate offers on the platform.

2.3 The contemplation of the posted advertisements on the platform, as well as the contact with the providers are possible without registration for free and unlimited.

2.4 These Terms of Use apply to all components and offers of the platform, unless otherwise agreed.

3. Access to the platform

3.1 The user determines a username and password for access to the platform when registering.

3.2 The provider recommends the user to treat the access data confidentially in his own interest and not to make it accessible to third parties.

3.3 In order to access the platform, the user needs a suitable computer system with an up-to-date web browser and an Internet connection with sufficient bandwidth.

4. Scope of use and rights

4.1 After registration, the user can book advertisements. With each advertisement, an offer for a property, piece of real estate or apartment can be created on the platform and made publicly accessible.

4.2 Every private and commercial user has the possibility to create a non-binding free and functionally limited advertisement with a period of one month.

4.3 Each additional advertisement as well as an extension of a free advertisement is subject to a fee

4.4 The scope of services of the platform and the user charges depend on the advertising model booked by the user.

4.5 Subject to these Terms of Use, the provider grants the user the right to use the platform and to create and publish advertisements. The user is aware that the ad will only be published on the platform during the term of the booked ad model.

4.6 A distinction is made between commercial users who register and verify themselves as well as private customers for the booking of advertisements.

4.7 For the booking of advertisements, a distinction is made between commercial users, who register and verify themselves as such, and private customers.

4.8 Private customers can only book single ads, i.e. each listing is subject to a charge. The costs here depend on the selected runtime.

4.9 In addition to individual ads, commercial users can also book a subscription model and benefit from its advantages. The verification of commercial users, which is mandatory for this, is carried out according to the provider's specifications.

4.10 In the case of free advertisements, the provider has an unrestricted right to review the planned advertisement. This review takes place before the advertisement is published. The publication of a private user's advertisement can be refused without giving reasons. There is no claim for the publication of a free advertisement.

4.11 After posting an ad, the user can create and publish the ad within six months. If the user has not created and published an advertisement within this period, there is no entitlement to repayment of the fee for the advertisement.

4.12 One month prior the expiry of the time limit specified under 4.11, the provider shall inform the user when the period ends and that a repayment claim does not exist when the deadline expires.

5. Duties of the provider

5.1 The provider grants the user the above-mentioned usage rights to the platform.

5.2 The provider commits to ensure the availability of the platform in accordance with the provisions of these Terms of Use. The goal of the provider is to ensure that the platform can be used without interruption.

5.3 In the event of problems and disruptions of the platform or the booking and creation of advertisements, the user can contact the provider who supports the user.

5.4 All data, entered by the user when using the platform, will be stored centrally. The provider observes the applicable data protection regulations and ensures an adequate level of data security.

5.5 The provider does not disclose the information, provided by the user to third parties without the consent of the user and secures them against unauthorized access by third parties, unless these are expressly provided for the publication of advertisements.

6. Obligations of the user

6.1 The user is obligated during the term of the contract to comply with all requirements of these Terms of Use and all other requirements of the provider as they were communicated to the user by the provider.

6.2 The user will refrain from all measures and actions that endanger the stability and security of the platform.

6.3 The user guarantees that the provided information during registration, as well as during the preparation and publication of advertisements is correct.

6.4 Only legally permissible contents may be published by the user on the portal. The user guarantees that rights of third parties are not violated by the published content.

6.5 The ads should not be abusive. These include the following designs:

6.6 The user assures that the objects shown in the advertisements are for marketing. The ad should be removed when the property is sold, rented or reserved.

6.7 The user offers only objects from own marketing stock or an existing immediate marketing order (for example brokerage contract or agency contract).

6.8 The commercial resale of advertisements is not permitted.

6.9 The use of the respective account after registration is only allowed to those, whom registered by name. Account use or account sharing by third parties is not permitted.

6.10 The user is obliged to correct or remove information as far as it does not meet the requirements of an advertisement.

6.11 The provider expressly reserves the right to remove advertisements from the platform if it suspects that the content of the advertisements violates the aforementioned obligations.

6.12 For the granting of the possibility of use, the provider of the user - subject to free access for private customers and other free uses - charges for use in accordance with the following provisions to whose contractual payment the user is indentured.

7. Prices / Payment

Decisive for the calculation of the user charges is in each case the price indicated by the provider when booking the advertisement.

7.1 The user fees for the creation and publication of advertisements arise when booking the respective advertising model.

7.2 The user must select a payment method offered in the order process.

7.3 Payments are made via the payment provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg.

7.4 The provider provides the user in his personal area of ​​the portal a proper bill in PDF format.

8. Blocking and cancellation in case of arrears

8.1 The provider is entitled to block access to the platform in case of payment arrears and to remove booked advertisements from the platform. The obligation to pay the user fees is not affected by the block or deletion.

8.2 A blocking can take place as soon as the arrears exceed 50,00 EUR.

8.3 The provider will announce the blocking beforehand and refer to the resulting consequences.

8.4 The provider could make the re-activation of the access conditional on the settlement of all outstanding claims and the payment of a reasonable fee for the activation.

9. Support

9.1 For questions concerning the platform or for the creation and publication of advertisements, the user can send support inquiries by e-mail or via the contact form in German or English to the provider.

9.2 The provider also offers a telephone hotline, which can be reached via a paid telephone number. The hotline is exclusively for commercial users. The telephone support is in English and German.

10. Warranty

10.1 The provider warrants to the Users who place an advertisement on the platform that the platform is substantially functional and free of defects, that cancel or reduce the value or suitability for normal or contractually required use. The warranty does not cover such damages and / or disturbances, which are caused by the fact that the user violates regulations of these terms of use.

10.2 The provider does not warrant that the platform and its offers meet the needs of the user, of which the user himself has to make sure beforehand. The user is aware that the availability of a completely error-free system is not possible due to the complexity of such systems and that it is not possible to guarantee a completely uninterrupted provision of the platform and the ads of it. Both are accordingly not contractually owed.

10.3 The content in the published advertisements is for the third-party content provider i.S.v. § 8 Telemedia Act. The legal responsibility for this content lies with the person who has posted the content in the database.

11. Remedy, warranty claims and liability

11.1 Defects in the creation process or the presentation of booked advertisements are remedied by the provider after notification of the defect by the provider. The same applies to other disruptions of the possibility to use the platform.

11.2 The provider is liable to the user in accordance with the general statutory provisions, as far as nothing else results from the following provisions.

11.3 The provider is liable without limitation for intent and gross negligence; Incidentally, liability is limited or excluded in accordance with the following provisions.

11.4 The liability of the provider is limited to contractually typical, reasonably foreseeable damages and expenses.

11.5 For simple negligence the provider is liable only if a duty is violated, whose compliance is particular importance for the achievement of the purpose of the contract (cardinal duty). In this case, the above limitations of liability apply; otherwise the liability for simple negligence is excluded altogether.

11.6 Liability for indirect damage and consequential damage, in particular in the event of business interruptions and lost profits, is excluded.

11.7 As far as the user uses the free offers of the platform or generates and publishes chargeable adverts on other basis without the payment of user fees, the liability of the offeror for all forms of negligence including gross negligence is excluded. For intent it remains with the unlimited liability of the provider.

11.8 The above limitations of liability shall not apply to injury to life, limb or health or to claims under the Product Liability Act. The liability of guarantees that have been taken over by the provider remains unaffected.

12. Release from liability

12.1 The user indemnifies the provider on first request from all claims asserted by other users or other third parties against the provider due to a violation of their rights by the advertisements published by the user at the portal.

12.2 The user assumes all reasonable costs incurred by the provider as a result of a violation of the rights of third parties, including the costs of legal defense, insofar as they are to a reasonable extent. Further claims of the provider against the user remain unaffected.

12.3 The user is obligated to provide the provider without undue delay, truthfully and completely with all necessary information for the examination of the claims and in case of a claim against other users or other third parties, for infringement of their rights Defense against it are necessary.

13. Term and termination

13.1 The contract begins with the completion of the registration and is concluded for an indefinite period.

13.2 The contractual relationship regarding the booking of an advertisement ends at the end of the agreed term.

13.3 For a termination of the contractual relationship as well as the booking of an advertisement, the following provisions apply.

13.4 Ordinary termination regarding the booking of an advertisement is excluded. The user is not entitled to any contractual or statutory right of withdrawal.

13.5 The contract can be terminated by the user in principle without a period, but not before the end of the term of a booked advertisement (total termination).

13.6 The provider may terminate the agreement on the whole with a notice period of one month to the end of the contract month, but not before the end of the term of a booked advertisement.

13.7 The right to extraordinary termination remains unaffected.

14. Extraordinary termination

14.1 The entire contractual relationship as well as the booking of an advertisement can be terminated by the parties without observing a notice period, but only for an important reason.

14.2 An important reason which entitles a party to extraordinary termination if one party repeatedly violates its contractual obligations under the contractual relationship and the other party is unreasonable to adhere to the contractual relationship until the expiration of the ordinary notice period, taking the notice period into account.

14.3 In compliance with the above definition, there is an important reason for a repeated or serious violation of these Terms of Use.

14.4 The user is entitled to extraordinary termination if the continuation of the contractual relationship is unreasonable due to the lack of availability of the platform.

14.5 Extraordinary termination must be in writing.

15. Consequences of contract termination

15.1 With the end of the entire contract, the right of the user to create and publish advertisements expires.

15.2 Already with explanation of the termination the offerer is entitled to refuse the reservation of announcements.

15.3 Upon termination of the contract regarding the creation and publication of an advertisement, the advertisement will be removed from the portal by the provider.

15.4 The entered user data during the creation of advertisements is initially stored after the end of the term of an advertisement, as long as the user does not object to further data storage. In the event of an objection, the provider immediately deletes the stored data. If the user books an ad before deleting the data, the data will still be stored and can be used.

15.5 The provider is not obligated to provide the user with the data stored by him in a specific format at the end of the contractual relationship.

15.6 After completion of the entire contractual relationship, all data belonging to the users account will be permanently and irrevocably deleted.

15.7 Published advertisements of the user will be stored permanently after the expiry of the agreed advertisement duration and also after the end of the entire contractual relationship by the provider. The provider expressly commits itself not to receive personal data.

16. Confidentiality / Privacy

16.1 The parties commit themselves to keep all business or trade secrets which they receive or become aware of when they are implementing the contract from the other party, or confidential information. The information and documents may not be made accessible to third parties.

16.2 The obligation to maintain secrecy does not cover information and documents which were generally known and accessible at the time of disclosure or which were already known to the receiving contracting party at the time of disclosure or which were legitimately made available to third parties. The transfer of information and documents to consultants of the parties, which according to Art. § 203 StGB are required to secrecy (professional secrecy).

17. Assignment and offsetting

17.1 The user is not entitled to assign a claim from the contractual relationship or in connection with the contractual relationship to a third party without the prior written consent of the provider.

17.2 The user may only offset undisputed or legally binding claims against the provider.

18. Subcontractors

18.1 The provider is entitled to commission third parties with the provision of services that are owed by the provider in accordance with these Terms of Use. In particular, the provider is entitled to transfer the provision of services to the user as a whole to a third party.

18.2 Regardless of the provision of services by third parties, the provider remains obligated to comply with the contractual provisions. However, the provider is entitled to transfer the contractual relationship with all rights and obligations to another company as part of the change in the distribution structure, provided that the following conditions are suffused. The user hereby agrees in advance to such a contract transfer, whereby the consent is freely revocable at any time. The provider will inform the user about an intended contract transmission in text form with a notice period of three months and inform him expressly on the possibility of revocation of the previously granted consent. The provider must further ensure that the user's future contractor is entitled and able to perform the obligations arising from this contract on the basis of corresponding contractual agreements with the provider.

19. Dispute resolution; Choice of law and jurisdiction

19.1 If there are disagreements between the parties in connection with the usage relationship, the parties will make reasonable efforts to reach an out-of-court settlement.

19.2 The contractual relationship as well as the further agreements in connection with the use of the platform and individual modules are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods (CISG).

19.3 The exclusive place of jurisdiction and place of fulfillment is Landau in der Pfalz.

20. Salvatory clause

20.1 Should individual provisions of these Terms of Use be or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. The contracting parties will endeavor to find, in place of the invalid provision, one that meets the legal and economic objective of the contract best.

20.2 The same applies in the event that the parties subsequently determine that the provisions of the Terms of Use prove to be incomplete.

21. Conclusion of contract, changes and additions

21.1 Amendments or additions to these Terms of Use shall require an agreement between the parties in writing. The text form requirement also applies to the waiver of this text form requirement itself. Unless otherwise provided by law, e-mail corresponds to the text form, but not the written form. The possibility of deviating from these Terms of Use individual agreements is thereby limited in any way.

21.2 The provider is entitled to unilaterally amend and / or supplement these Terms of Use with effect for the future, insofar as this is necessary to safeguard legitimate interests of the provider, in particular if new functions are introduced at the platform. In this case, the user will be informed of the changes or additions with a notice period of at least three months. If the user does not object to the validity of the new conditions of use within two weeks of the notification (objection period), the changed terms of use are deemed to have been accepted by the user. The provider will point out the right of objection and the meaning of the opposition period in his notification. In the event of an objection, the user can continue the previous version of the Terms of Use, but the provider is entitled to terminate the contractual relationship for good cause.