The General Terms and Conditions shall be part of any contract with KRS and they shall apply to any business arrangement between the contracting parties.  

 

Any terms and conditions or any other contractual terms of the Client that differ from the General Terms and Conditions shall apply only if they are more favourable to KRS than KRS’s General Terms and Conditions or the legal regulations. 

Any ancillary agreements or amendments to the contract shall be effective only if they are in writing and have been confirmed by KRS with its signature as used for its business.

 

With regard to services provided for a fee, the provisions of Sections 1002 to 1026 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB) governing authorisations shall apply in addition to the General Terms and Conditions.

 

 

One-half of the total fee for commissioned services shall be payable immediately upon acceptance of the Client’s request for such services. The other half of the total fee shall be paid into the current account indicated in the invoice when the services have been completed but not later than 14 days after the date of the final invoice. Payments shall be deemed to have been made when they are received in the current account of KRS.  

 

The down-payment shall be considered a deposit and shall be forfeited in favour of KRS if the Client withdraws from the contract in an unjustified manner – i.e. if KRS is not responsible for such withdrawal from the contract – or if the Client is responsible for preventing provision of the services. 

 

In the event of a delay in payment, KRS shall be entitled to make additional charges for costs such as reminders, interest, litigation costs and lawyers’ fees, in the amount defined by law. 

 

Unless otherwise agreed, third-party costs shall be reimbursed upon presentation of the relevant receipts. If KRS provides additional services which are required to perform the contract and are not expressly mentioned in the offer, the charge for such services shall be made on a time basis. The charge for such services shall be based on the hourly rate according to the applicable price list. 

 

All prices are in euros (EUR) and are net prices not including Austrian value-added tax (Umsatzsteuer – USt). The prices for all services offered by KRS do not include any costs or fees charged by third parties.

 

 

The Client shall pay the agreed fees irrespective of whether a desired success has been achieved.

 

The claim to payment of fees shall arise when KRS is ready to perform the contractual services. Not included shall be what KRS has saved as a result of not providing services without its own fault, or what KRS has gained, or has neglected to gain, through other uses.

 

Expenses incurred by KRS in connection with the performance of the commissioned services shall be directly charged on to the Client. 

 

Any changes in fees may be charged to the Client from their date of application.

 

 

The duration of the contract is a maximum of 3 months starting from the contract date unless written arrangements have been made otherwise. KRS undertakes to provide all contractual services within that period of time. After that period of time the Client shall lose any right to provision of services by KRS. 

 

If the Client cancels, stops or interrupts services after having requested such services, KRS shall be entitled to charge a cancellation fee in the amount of 50% of the total gross amount of the services. If the services are cancelled, stopped or interrupted after KRS has started its activities, KRS shall have the right, at its option, to charge either the cancellation fee or an hourly rate of EUR 200 plus cash expenditures and Austrian value-added tax (Umsatzsteuer) for activities which have already been performed.

 

If the Client fails to give KRS the information, documents and other papers required for providing the commissioned services although KRS has requested the Client to do so and has set an additional period for this purpose, and if the Client thereby frustrates the provision of the commissioned services – without any examination of responsibility for such frustration –, KRS shall be entitled to make the full charge for the commissioned services irrespective of the extent of activities performed by then, and KRS shall be released from any further obligation to provide services. 

 

The Client undertakes to cooperate in performing the contract, and to give KRS all required information and documents, and to meet deadlines. 

 

The Client shall inform KRS in writing, and without delay, of changes of the Client’s name, changes in bodies authorised to represent the Client, and changes in the legal form, designation of shareholders, company name or number in the Register of Firms. If KRS has not been informed of any such changes, documents shall be deemed to have been received by the Client if such documents were sent to the address most recently communicated to KRS by the Client.

 

KRS will provide services only within its business hours from Monday to Friday from 09:00 to 17:00 hours. If KRS agrees to provide services outside its business hours, KRS shall be entitled to add a surcharge of 50% to the normal price unless otherwise agreed in the individual case. 

 

 

Information provided by KRS, directly or via partner companies, on real estate which is available for rent or sale shall not be forwarded to third parties without the consent of KRS. In the event that KRS has incurred a loss as a result of the forwarding of such information, the Client shall pay compensation to KRS for such loss. 

 

The Client and the tenant or buyer, respectively, shall have undivided responsibility for negotiations on a tenancy contract or a purchase contract and for the conclusion of such contracts. 

 

Unless agreed separately or in offer packages, KRS shall not assume any liability for the condition of property available for rent or sale, for the content of contracts, or for claims of or against persons whose services are used for the execution and/or drafting of the required contracts, including brokers, legal representatives and other persons. If the services of a lawyer are used, the contractual relationship exists between the Client and the lawyer. KRS shall not assume any liability for legal information, and for advisory services and representation services, provided under the said contractual relationship.

 

All rights and obligations arising from negotiations and from tenancy contracts or purchase contracts shall be rights and obligations of the Client and of the tenant/buyer, respectively.

 

KRS provides the Client with advice on the Client’s relocation. However, KRS shall not be considered an expert within the meaning of Section 1299 and subsequent Sections of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB), especially with regard to requirements under administrative law including statutory time limits. KRS shall not be liable for meeting requirements under administrative law, in particular statutory time limits. 

 

 

KRS shall be liable only in the case of intent and gross negligence, to the extent permitted by law.

 

Claims of the Client against KRS in the event of poor performance of services, delayed services or services not provided at all, or claims in connection with the payment of compensation, shall be limited to the amount of the agreed fee. In any case KRS’s liability, under whatever legal title, vis-à-vis any Client or any third party shall be limited to the total amount of EUR 3,000 each. Any claims for compensation shall be made by the Client to KRS in writing within a period of six months starting from the time when the Client becomes aware of a loss and of the person who caused such loss; otherwise the Client shall lose the right to make such claims. Claims for compensation shall become statute-barred within two years starting from the time when the Client becomes aware of a loss and of the party who caused such loss.

 

KRS shall be liable to consumers to whom the provisions of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) apply if major contractual obligations cannot be met or can only be met with some delay or in the event of a breach of major contractual obligations, also in the case of slight negligence, but limited to typical foreseeable loss, to the extent that liability for slight negligence cannot be fully excluded under the provisions of the Austrian Consumer Protection Act applicable at the time when the contract was concluded. In all other respects KRS shall only be liable for intent and gross negligence. 

 

 

Austrian law shall apply in each case. The contracting parties agree that the law court having jurisdiction over Vienna’s 3rd district (1030 Wien) shall be the legal venue. Section 14 of the Austrian Consumer Protection Act shall apply in respect of consumers.

 

 

The invalidity of individual provisions of the General Terms and Conditions shall not affect the validity of the other provisions. In this case the contracting parties shall replace the invalid provision with a new provision whose economic effect shall be as close as possible to the invalid provision according to the consensus of the contracting parties.

 

 

The Client authorises KRS to use, store and make accessible to third parties personal data under the contractual arrangements. 

 

 

KRS undertakes to observe confidentiality with regard to matters of which it becomes aware in connection with the commissioned services, unless information is provided in the Client’s interests or the Client has released KRS from its obligation to observe confidentiality.