Terms and conditions
General terms and conditions for property providers
§ 1 – General information
(1) These general terms and conditions (GTCs) apply to all contracts entered into between Dot Online GmbH, Friedrichstr. 171, 10117 Berlin (hereinafter: "Provider") and the users of the online property platform "vivamallorca.com" or the region-specific variants, e.g. "vivamallorca.co.uk, .de., .es, .eu, .ru" (hereinafter: "Platform").
(2) The Provider offers services for property providers on the platform that are subject to a charge. The chargeable services (in particular the placement and handling of advertisements for property providers) are exclusively addressed to business people as defined by Section 14 of the German Civil Code (BGB) (natural or legal person or a partnership with legal capacity which, upon conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activity).
(3) The Provider only offers an advertising platform. There is no mediation or brokerage activity on the part of the provider. Sales contracts regarding property are entered into exclusively between the property provider and the property buyer. The Provider has no involvement in such contracts in any form or manner.
(4) The Provider will not accept any terms and conditions that differ from these terms and conditions and that are used by the customer - subject to an explicit written consent. Individual agreements must be made in writing to be effective and may differ from the provisions of these GTCs. Individually agreed services take priority over the provisions of these GTCs.
(5) The Provider is entitled to change these GTCs within a reasonable period of time if there is an objectively justified cause to do so (changes in jurisdiction, legal situation, market conditions). Inventory users will be notified of these changes by e-mail. If the user does not object to the amendment by the deadline set in the notification of amendment, their consent to the amendment is considered as granted. An objection on the part of the user shall also result in the termination of the contractual agreement.
§ 2 – Registration and the use of the Platform as a provider
(1) Registered users are able to upgrade their account to a provider account so that they can post their own property listings. For this purpose, the user must provide their personal and company details in full and must confirm to the provider that they are acting as an independent contractor. In this respect, the Provider reserves the right to request further relevant documentation. After setting up the provider account, the user has access to use the property management system, which also lets them post, change and manage new listings.
(2) The placement of property advertisements on the platform takes place free-of-charge in the initial phase. In order that the corresponding offer is published in the Platform's search system, the user must credit their customer account with a specified monetary amount. The deposit and withdrawal options, including any fees that may be charged, will be displayed to the user in their account or provided in writing if requested.
(3) In general, billing is calculated per click: If a property enquirer clicks on the user's offer in the Platform's search system (detailed view), a certain amount of money is deducted from the user's customer account. The corresponding click prices and conditions are displayed to the User in their account or are provided in writing on request. If the User's credit balance is used up, the User's offers will be removed from the search system until the User's customer account is recharged. The User may statistically query the click rates and other relevant data in their account.
(4) The provider may determine at their own discretion whether and to which users they offer a different billing method instead of billing per click. Individual billing models are subject to an individual agreement between the parties.
(5) The User may also use additional advertising methods (e.g. highlighting of the homepage, etc.), which are charged separately and may have an impact on the click price. Details will be displayed to the User in their account or will be provided in writing on request.
§ 3 –Entering offers
(1) If the User submits a new property offer, they must provide all data on the respective property comprehensively and truthfully via a specific form in their account. In this respect, the User assures that the advertisement complies with the legal requirements (e.g. mandatory information) and that they have all rights to the data transmitted. The placement of lock offers that are not based on a real existing property is prohibited.
(2) For a surcharge, the User may order what is known as automatic crawling of an already existing website. For this purpose, the contents of the named Internet page are automatically searched and individual property objects are transferred to the User's object list. In this respect, the User expressly grants the Provider permission to search the Internet site and to read in the necessary data and assures that they hold all rights to the Internet site and the corresponding data or that they have obtained express permission from the corresponding rights holder. The prices and conditions will be displayed to the User in their account or provided in writing upon request.
(3) For an additional surcharge, the User may grant the Provider access to their own database and have the Provider read out the object data. In this respect, the User expressly grants the Provider permission to connect to their own database and read in the necessary data and assures that they have all rights to the database and the corresponding data. The prices and conditions will be displayed to the User in their account or will be provided in writing on request.
(4) The User grants the Provider a simple right of use for the transmitted contents. The Provider may make the texts and images of the advertisement publicly accessible within the search and notification system, send them by e-mail and make them available for third parties to access on the Internet.
§ 4 –Obligations of the User
(1) The User must ensure that their user account is only used by themselves. They must treat their access data confidentially and ensure that third parties do not have access to their data. They must change passwords immediately as soon as there are indications that unauthorised third parties have or could have knowledge of the access data. Passwords shall be changed at regular intervals. If the User culpably violates these obligations, they are responsible for any damages arising from this.
(2) The User has an obligation to use the Platform only for its intended purpose (searching and offering property) and to observe all applicable regulations when using the Platform. Any use beyond the purpose of the user relationship is prohibited. In particular, the User may not:
- Harass or threaten other persons or violate the rights of third parties
- Send other users messages for a purpose other than communication
- Send chain letters
- Disseminate immoral, obscene, pornographic, radical, illegal content or photographs and/or content or photographs that infringe the rights of third parties
- Click on offers from other users with the intention of causing damage to generate costs
- Access any platform data for personal economic purposes
(3) The User is required to keep the data provided during registration up to date and to avoid violations of these GTCs and the existing legislation.
(4) The User is required to keep any property offers up-to-date and to delete them immediately if the offered object is no longer available.
(5) Violations may result in a temporary suspension and - in case of major violations - in the account being deleted. Any deposits of credit will expire in case of a deletion.
§ 5 –Liability, warranty and exemptions
(1) The Provider is liable with respect to the User for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent damage to life, the body or health,
- based on a warranty commitment, unless otherwise regulated in this respect,
- based on the mandatory liability, such as under the Law on Product Liability.
If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in the above paragraph. Essential contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper fulfillment of the contract and on the observance of which the contractual partner may regularly rely.
The preceding liability regulations are also valid with regard to the liability of the Provider for their vicarious agents and legal representatives.
(2) The particular property provider is responsible in every respect for the content of individual property offers. The Provider does not check that the offers are correct or up-to-dated and/or for potential violations of the law. The Provider is only liable to third parties within the scope of their legal portal operator liability.
(3) The User shall indemnify the Provider from any claims made by third parties - including the costs for legal defense - which are asserted against the Provider due to illegal actions of the User. This applies in particular in the case of the use of the automatic crawler without the necessary permission from the rights holder.
(4) The Provider does not provide any guarantee of the permanent availability and accessibility of the portal.
§ 6 –Contractual penalty
For each individual violation of the provisions of these GTCs or other contractual obligations, the Provider is entitled to demand payment of an appropriate contractual penalty from the User, which is determined by the Provider and can be reviewed by the competent court in the event of a dispute. The payment of the contractual penalty does not exclude the assertion of a claim for omission or for further compensation for damages in case of corresponding proof. The contractual penalty shall be offset against potential damages.
§ 7 - Protection of data privacy
§ 8 –Final provisions
(1) The User may only transfer the rights and obligations from this contract to a third party with the prior consent of the Provider in writing.
(2) The contracts entered into between the Provider and the contractual partners are subject to the applicable law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the contractual partner is a merchant or has no general place of jurisdiction in Germany, the parties agree that Berlin shall be the place of jurisdiction for all disputes.
(3) Should any provisions of these GTCs be or become invalid in whole or in part, the remaining provisions shall remain valid. Instead, in place of each invalid provision, a replacement provision corresponding to the purpose of the agreement shall apply, as the parties would have agreed to in order to achieve the original result if they had been aware of the invalidity of the provision. The same applies to any omissions.