Terms and Conditions
§ 1 Scope of Application
These General Terms and Conditions (hereinafter "GTC") apply to all services provided by Heinzmann Partners Real Estate LLC (hereinafter "Heinzmann Partners") in the field of real estate brokerage, portfolio management and associated consulting services. They apply to all contractual relationships with entrepreneurs and private individuals. Deviating or supplementary conditions of the client shall only apply if Heinzmann Partners has expressly agreed to them in writing.
§ 2 Services
Heinzmann Partners provides its clients with the following services as agreed in each individual case: real estate acquisition (off-plan and existing properties), portfolio management, letting and property management, resale brokerage and Golden Visa consulting. The exact scope of services shall result from the individual service agreement concluded with the client.
§ 3 Commission and Remuneration
Heinzmann Partners is entitled to commission upon successful conclusion of a purchase or letting agreement or upon achievement of the agreed service. The amount and due date of the commission shall be stipulated in the individual service agreement. Unless otherwise agreed, the commission is due for payment immediately upon conclusion of the main contract. All prices quoted are exclusive of VAT (where applicable) and Dubai Land Department fees.
§ 4 Client Obligations
The client undertakes to provide Heinzmann Partners with all information relevant to the execution of the mandate in full and truthfully. In particular, the client shall inform Heinzmann Partners of any parallel brokerage mandates. The client shall be liable for all damages arising from the provision of incorrect or incomplete information.
§ 5 Confidentiality
Heinzmann Partners undertakes to treat all information and documents made available by the client as strictly confidential and not to disclose them to third parties without the client's consent. This obligation of confidentiality shall apply beyond the termination of the contractual relationship. The obligation of confidentiality shall not apply where Heinzmann Partners is obliged to disclose information by law or by order of a court or authority.
§ 6 Liability
Heinzmann Partners shall be liable in cases of wilful misconduct and gross negligence in accordance with statutory provisions. In cases of ordinary negligence, Heinzmann Partners shall only be liable for foreseeable, typically occurring damages in the event of breach of a material contractual obligation. Liability for indirect damages, loss of profit and consequential harm caused by a defect is excluded. The limitation of liability shall not apply in the event of culpable injury to life, body or health.
§ 7 Anti-Money Laundering
Heinzmann Partners is subject to the applicable anti-money laundering regulations of the United Arab Emirates and international law. The client agrees to provide all necessary documents for identity verification (KYC) and to cooperate fully with due diligence requirements. Heinzmann Partners reserves the right to terminate the contractual relationship if the client is unable or unwilling to provide the required documentation.
§ 8 Applicable Law and Jurisdiction
These GTC and all contracts concluded with Heinzmann Partners shall be governed by the law of the United Arab Emirates. The place of jurisdiction for all disputes arising from the contractual relationship shall be Dubai, UAE, unless mandatory statutory provisions require otherwise. In the event of disputes, the parties shall endeavour to find an amicable solution before initiating legal proceedings.
§ 9 Final Provisions
Should individual provisions of these GTC be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. Heinzmann Partners reserves the right to amend these GTC at any time. The version valid at the time of conclusion of the contract shall apply to existing contractual relationships.