General terms and conditions of use for property seekers
§ 1 –General information
(1) These general terms and conditions (GTC) apply to all contracts entered into between Dot Online GmbH, Friedrichstr. 171, 10117 Berlin (hereinafter: "Provider") and 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 provides free services on the platform for those who are looking for a property. The free services (in particular the use of the search and notification system for property enquirers) are aimed at everyone.
(3) The Provider only offers an advertising platform. There is no mediation or brokerage activity on the part of the provider. Sales contracts for property are entered into exclusively between the property provider and the property seeker. 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 such changes by e-mail. If the user does not object within the deadline set in the notification of amendment, their consent to the amendment is deemed to have been given. An objection on the part of the user shall at the same time lead to the termination of the contractual relationship.
§ 2 –Registration and using the platform
(1) The main functions of the platform are available free-of-charge for those looking for a property. Users can benefit fully from the platform's search system without having to register first. In particular, they are able to search property offers, browse details of the property, print them off, etc. In addition, users have the option to save individual search results to a list of bookmarks.
(2) To use other functions, the User may register on the platform by entering their e-mail address, selecting a username and a password. They will then receive an e-mail with a confirmation link that they must click on to complete the registration process. Afterwards they just need to log into the system to access their favourites list and enter, change and manage their search requests. They can also use the notification system, which automatically informs them about matching property offers.
(3) The user is required to keep their login details confidential, to protect them from third parties and may not pass them on to anybody else. They must change their passwords without delay as soon as there are any grounds for suspecting that unauthorised third parties have obtained or could have obtained unauthorised information about the access data. The passwords should be changed on a regular basis.
§ 3 –Obligations of users
(1) The User must guarantee that their user account is only used by themselves. They must treat their access details confidentially and ensure that third parties do not have access to their details.
(2) The User is required to use the platform only for its intended purpose 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
- Distribute immoral, obscene, pornographic or radical content or photos
- Click on offers from other users with the intention of causing damage to generate costs
- Access platform data for personal commercial purposes
(3) The user is required to keep the details provided during registration up to date and to avoid any violations of these GTCs and of the applicable legislation. Violations may lead to temporary suspension and - in case of serious violations - to the deletion of the account.
§ 4 – Liability, warranty and exemption
(1) The Provider is fully responsible for the User for all contractual, quasi-contractual and legal claims, including tortious claims for damages and reimbursement of expenses for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a warranty commitment, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Law on Product Liability.
If the Provider violates an integral contractual obligation through negligence, the liability is limited to the damage typically foreseeable under the contract, unless an unlimited liability is granted according to the preceding paragraph. Essential contractual obligations are defined as obligations which the contract imposes on the Provider according to its content in order to fulfil the contractual purpose, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the contractual partner may regularly have confidence.
The aforementioned liability regulations also applies with regard to the liability of the Provider for their vicarious agents and legal representatives.
(2) The particular property provider is responsible for the content of individual property offers in every respect. The Provider does not check that the offers are correct or up-to-date and/or for possible violations of the law. The Provider is only liable to third parties within the scope of their legal portal operator liability.
(3) The User hereby indemnifies the Provider from any claims made by third parties - including the costs for legal representation - which are raised against the Provider due to unlawful actions of the User.
(4) The Provider does not guarantee the permanent availability and accessibility of the portal.
§ 5 - Data protection
$ 6 - Online Dispute Resolution and Consumer Dispute Resolution
(1) The European Commission's online dispute resolution (OS) platform can be accessed at: http://ec.europa.eu/consumers/odr.
(2) The Provider is neither legally obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 7 – 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 substantive 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 provision of these GTCs prove to be or become invalid in whole or in part, the remaining provisions shall remain valid. Instead, each invalid provision shall be replaced by a substitute provision that corresponds to the purpose of the agreement, as the parties would have agreed to reach the original outcome if they had been aware of the invalidity of the provision. The same applies accordingly for omissions.