General Terms and Conditions

General Terms and Conditions of localis prestige

§ 1  General, definitions
1. Localis GmbH – hereinafter: localis prestige – also operates a portal for high-class, exclusive properties on the Internet under the domain "", hereinafter: Platform. Each visitor of the Platform is able to view the Platform but only Members can use the services.
2. Visitors are all Internet users who access the contents of the Platform. Members are visitors who have concluded a contract with localis prestige for use of its service. Users are both visitors and Members.
3. Members can either be users interested in the properties offered or in real estate services - hereinafter: Demanders - or commercial real estate providers - hereinafter: Providers.
Providers can only be real estate providers operating on a commercial basis such as real estate agents or property developers.
4. These Terms and Conditions apply to all current and future business relations between the Member and localis prestige. Deviating, conflicting or supplementary general terms and conditions of the Member (e.g. terms of sale, terms of purchase) shall not become part of the contract, unless the validity thereof is expressly agreed in writing upon conclusion of contract. Any standardised reference to the general terms and conditions of the Member is expressly opposed.
5. The transfer of rights and duties of the Members under the contracts for use requires our written approval.
§ 2  Conclusion of contract
1. The Platform can be used only after conclusion of a contract for use. It is possible to conclude a contract for use of the Platform solely with legal entities and natural persons having legal capacity.
2. By registering on the Platform, the visitor declares with binding effect that he/she intends to conclude a contract with localis prestige for use of the Platform. localis prestige accepts the offer by activating the Member's account.
3. The Member pledges that he/she will only provide true and accurate particulars on himself/herself and on the company during registration and will always keep his/her data up-to-date at any time. If required, Providers are obliged to furnish suitable proof, also in German, to localis prestige of their capacity of being a merchant or entrepreneur and of any powers of attorney at their own expense. localis prestige is entitled to check the Member's particulars also in terms of his/her creditworthiness and suitability for participation in the Platform. localis prestige is entitled to refuse the conclusion of a contract without stating reasons or to restrict use of the functions.
4. Use of the Platform is free of charge for Demanders.
5. Use of the Platform for Providers is subject to a fee. Apart from registering free of charge, the costs for additional options are based on the separately accessible price list which is an integral part of the contract for use ( All the prices stated are subject to statutory value-added tax, which is charged in addition where necessary. The prices incurred for service packages are payable in advance, the prices for individual options after receipt of the respective bill, and can be paid using the payment procedure operated by localis prestige. For payments from abroad, localis prestige can also demand a flat rate according to the price list.
6. Bills are issued in electronic form by localis prestige and are sent by e-mail. In addition, the Provider is able to download bills in the area designated for customers. If the Provider would also like bills to be sent by post, localis prestige is entitled to demand a flat rate for this service according to the price list.
7. If the Provider delays the payment of fees, localis prestige reserves the right to make the provision of the contractual performance contingent on payment in full. In the event of any returned debits the costs actually incurred and debited to us will be charged to the Provider if the Provider is responsible in this connection.
§ 3  Provision of the Platform
1. localis prestige provides a Platform for the initiation of contracts for properties. localis prestige draws attention to the fact that contracts for properties may be subject to certain formal requirements and legally binding contracts cannot be concluded via the Platform. Any contracts concluded outside the Platform materialise solely and directly between the respective users. localis prestige is neither a representative nor a messenger of one of the parties and does not become a party to the contract itself either.
2. localis prestige does not accept any guarantee for the accuracy of the contents provided on the Platform by Members. Nor does localis prestige have any possibility of checking Members' contents. localis prestige does not adopt this information as its own.
3. localis prestige checks Members' data upon conclusion of contract but it does not guarantee that the Member still exists after conclusion of contract.
4. localis prestige is entitled to activate new offers/wanted advertisements of individual Members only after these have been checked.
5. localis prestige accepts no guarantee for the availability of the Platform.
6. localis prestige is entitled to increase the Platform's scope of functions at any time without prior notification or to restrict it in a reasonable manner.
§ 4  Rights and duties of Members
1. The Member receives freely selectable access data from localis prestige in order to use the Platform. This data may not infringe third-party rights or offend against common decency. The Member is obliged to keep this access data secret and to immediately notify localis prestige of the loss or abuse of the access data.
The Member is not permitted to provide third parties with access data or to use his/her own access data to obtain information on offers, providers, contact addresses, buying sources etc. for third parties via the Platform. This is equivalent to data abuse.
localis prestige is entitled to block access data if there is any suspicion of data abuse.
2. The Member undertakes to exclusively provide factually correct and legally admissible information on the Platform. In particular, the Member is obliged not to advertise in an anti-competitive manner or to infringe third-party rights. Above all, the Provider undertakes to delete offers no longer included in his/her range or for which the Provider has not received an order to market.
3. The Member guarantees localis prestige that the information provided on the Platform by the Member does not infringe third-party rights and the Member possesses all the necessary rights, in particular industrial property rights and copyrights. localis prestige is entitled to demand suitable proof thereof, which must be furnished within 2 workdays.
4. The Member guarantees to localis prestige that the information provided on the Platform by the Member does not contain any damaging source code or any other damaging programming instructions. The Member guarantees that the contents do not violate Sections 202a), 202b), 202c) or §§ 303a) and 303b of the German Penal Code [StGB] (computer crime).
5. The Member assigns to localis prestige an unlimited right of use in terms of territory and time to make publicly accessible, to duplicate and to publish the contents provided on the Platform by the respective Member.
6. The Member undertakes to use neither the Platform for advertising competing offers nor to gather data from other Members and to use it for advertising purposes. The Member also undertakes to maintain secrecy on the data obtained on other members.
In particular, the Member is not permitted to disclose to third parties or to publish and / or to disseminate any information concerning offers, providers, contact addresses, purchasing sources or similar data via the Platform.
7. The Member shall indemnify localis prestige against third-party claims for damages and any expenses based on the Member's infringement of the General Terms and Conditions or the terms of use. This particularly includes the costs of bringing legal action. This does not apply if the Member is not responsible for the infringement.
8. In the event that the Member is at fault for infringing the General Terms and Conditions, the Member undertakes in relation to localis prestige to pay a reasonable contractual penalty of up to EUR 25,000, excluding the defence of the continuation of an offence. The right is expressly reserved to assert further claims.
§ 5  Terms of use
1. Providers can place offers for properties on the Platform. These offers must be put in the categories provided for these by the Provider. The Member must state all the major features of the properties offered and guarantee that the information provided is correct. The Provider undertakes to only offer properties which are either actually available or for which, in connection with a specific piece of land, either a building permit or a building application not objected to by the building authorities responsible after the expiry of the period is available, and properties which are intended for sale or letting. Users can contact the Providers via the Platform.
2. Demanders can advertise search requests for properties on the Platform. The Member must put these wanted advertisements into the category provided for this purpose. Whilst doing so, the Demanders may not disclose any information which would enable contact to be established outside the Platform. Providers can answer these requests and make offers to the Demanders. This is carried out by using the appropriate functions within the area of the Platform designated for customers.
Providers who respond to a search inquiry undertake not to disclose the Demander's data to third parties and to only store this in order to answer the search request. The Provider undertakes not to make any offers to the Demander which are not related to the subject matter of the request. 
§ 6  Termination of the contract, blocking
1. localis prestige is entitled to exclude or block individual contents or offers/wanted advertisements of Members and complete user accounts from activation and to temporarily or permanently exclude these from use of the Platform and to grant individual users access only with a limited scope of functions if there is any suspicion that the Member is infringing these Terms and Conditions or third-party rights, violating applicable law or offending against common decency or localis prestige has a legitimate right to block or to restrict the scope of functions. Members are not entitled to have blocked contents or an account restored or to re-register.
2. Contracts on the use of the Platform can be terminated without observing a notice period.
3. If a Provider's contract for use is terminated before the end of the term of an additional option which is subject to a fee, this contract shall likewise end without this requiring separate notice. In such cases, fees already paid are not reimbursed.
4. Contracts are not automatically extended.
5. Notices of termination by Demanders can be given in text form or by using the appropriate function in the Member's account. A form is provided by localis prestige for Providers to give notice of termination. Apart from observing the written form, Providers undertake to use only the form provided by localis prestige in order to give notice of termination.
Notice of termination can be given by localis prestige in text form.
6. The right to give notice of extraordinary termination for cause without notice or to block contents or Members' accounts is excluded from the periods named above. In such cases, fees already paid are not refunded.
§ 7  Liability, responsibility
1. localis prestige is not liable to Members in case of any slightly negligent breach of immaterial contractual duties.
2. The limitation of liability above does not affect claims asserted by the Member based on product liability. Furthermore, the limitation of liability does not apply in the event of physical injuries, impairments to the health or the death of the Member which are attributable to localis prestige.
§ 8  Amendments to these General Terms and Conditions, transfer of rights
1. localis prestige is entitled to amend the provisions concerning the service to be provided at its reasonable discretion considering the technical requirements and market conditions, to the extent this can be reasonably expected of Members.
2. Amendments to these General Terms and Conditions shall be published on the Platform. The Member shall be informed in text form of amendments to the General Terms and Conditions which do not come within the scope of § 8 paragraph 1. The amendments enter into effect if the Member does not object to the respective amendments within 14 days after receipt of the notification of the amendment at the latest.
3. localis prestige is entitled to transfer the rights and duties under the contract to a third party in whole or in part with a notification period of four weeks. In such a case the Member is entitled to terminate the contract for use.
§ 9  Final provisions
1. The laws of the Federal Republic of Germany apply. The provisions of the UN Sales Convention do not apply.
2. If the Member is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising under or in connection with this contract is our official business location. The same applies if the customer does not have a place of general jurisdiction in Germany or his/her place of residence or habitual abode is unknown at the time when action is brought.
3. Any and all collateral agreements must be in writing.
4. Should individual provisions of the contract with the customer including these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Status as at: 22.04.2009
Please note that the English version of these General Terms and Conditions has been translated from German. In case of any doubt, the wording of the German original is authoritative.