General Terms and Conditions

Introduction

These General Terms and Conditions apply to the BAMAT Group and BAMAT Swiss Marketing, hereinafter referred to as “BAMAT Swiss Marketing”.

I. Conclusion of the Agency Agreement

If you have received an exposé or contact regarding a specific property or commercial space from BAMAT Swiss Marketing, BAMAT Swiss Marketing hereby offers to enter into a real estate agency agreement with you under the following terms.

II. Commission

• A commission shall be deemed earned and payable upon conclusion of a lease, purchase, leasehold, company share, or hereditary building right agreement, or any economically equivalent contract (the “Main Agreement”), as a result of proving the opportunity to conclude such agreement or arranging its conclusion.
• The amount of the commission is determined by the respective exposé or agreement.
• This shall not apply if it has been expressly stated in writing that the service is provided free of commission.
• The commission shall also be due if an affiliated company of yours concludes the Main Agreement, provided that you have forwarded our services to such third party.
• Upon conclusion of a Main Agreement, copies of the relevant contractual sections necessary for commission calculation must be provided to BAMAT Swiss Marketing without undue delay.
• In the case of lease agreements, a commission shall also become due if additional space within the same property is leased within 12 months after commencement of the initial lease.

III. Notification of Prior Knowledge

If the potential contractual partner is already known to you, you must notify BAMAT Swiss Marketing in writing within 7 days.
Irrespective of this, BAMAT Swiss Marketing shall remain entitled to a commission if its activities were causally relevant to the conclusion of the Main Agreement.

IV. Confidentiality and Use of Data

• Transmitted exposés and data are legally protected and must not be disclosed to third parties.
• In the event of unauthorized disclosure leading to the conclusion of a Main Agreement with a third party, you shall owe BAMAT Swiss Marketing a commission in the amount that would have been payable in the case of proper brokerage.
• You grant BAMAT Swiss Marketing a non-exclusive right to use transmitted data in anonymized and aggregated form for legitimate business purposes.

V. Limitation of Liability

• BAMAT Swiss Marketing shall be fully liable only for damages caused by intentional or grossly negligent conduct of its representatives, employees, or agents.
• In all other cases, liability is limited to a total amount of EUR 500,000.
• Liability for loss of profit is excluded.
• These limitations shall not apply to damages resulting from injury to life, body, or health.
• Exposés are based on information provided by third parties (owners). BAMAT Swiss Marketing assumes no liability for the accuracy, completeness, or timeliness of such information. Exposés are provided for orientation purposes only and do not constitute a basis for investment decisions.

VI. Intermediaries and Co-Brokerage

BAMAT Swiss Marketing is entitled to engage third parties and to share commissions accordingly. Upon request, BAMAT Swiss Marketing shall disclose to whom such payments have been made.

VII. Press Statements

In any publication relating to the transaction, BAMAT Swiss Marketing must be named as transaction advisor.
If this does not occur, BAMAT Swiss Marketing shall be entitled to issue its own publication.

VIII. Online Platforms

BAMAT Swiss Marketing is entitled to market properties on its own online platforms.
You remain responsible for the accuracy of the information provided and shall indemnify BAMAT Swiss Marketing against any third-party claims arising therefrom.

IX. Anti-Money Laundering Check

BAMAT Swiss Marketing is legally obliged to conduct anti-money laundering checks. You must provide the necessary information and notify BAMAT Swiss Marketing of any changes.

X. Legally Required Property Information

You are obliged to provide all legally required information (e.g. energy performance certificates) in due time.
Failing this, you shall indemnify BAMAT Swiss Marketing against any resulting fines or costs.

XI. Online Dispute Resolution

Consumers may submit complaints via email to info@bamat.com or use the EU platform for online dispute resolution.

XII. Applicable Law

In the event of discrepancies between the German and English versions, the German version shall prevail.
This agreement shall be governed by Swiss law.