Imprint

General terms and conditions

The corporate headquarters of Arnold Group is situated in Vienna. Consequently, the following terms and conditions apply exclusively to Austria and may be requested at any time for other locations at office@arnold.investments.

Version: 10/2022

1. The following terms and conditions take into account the provisions of the directive of the Austrian Federal Minister for Economic Affairs on the professional code of conduct for real estate brokers (Immobilienmaklerverordung, IMV), BGBl. (Federal Law Gazette) No. 297/1996 as amended by BGBl. No. 268/2010, as well as the Austrian Brokers Act (Maklergesetz), BGBl. No. 262/1996 as amended by BGBl. No. 112/2018. These terms and conditions form an integral part of the contract concluded between Arnold Immobilien GmbH and the client and are deemed agreed pursuant to the cited legal foundations. Should the general terms and conditions (GTC) below conflict with non compulsary provisions of the directive of the Austrian Federal Minister for Economic Affairs on the professional code of conduct for real estate brokers (IMV), BGBl. (Federal Law Gazette) No. 297/1996 as amended by BGBl. No. 268/2010, or the Austrian Brokers Act (Maklergesetz), BGBl. No. 262/1996 as amended by BGBl. No. 112/2018, the GTC have precedence; the remaining provisions of the IMV and the Austrian Brokers Act, as well as provisions based on individual agreements, remain unaffected.

2. Offers made by the broker are non-binding; prior sale, rental or lease by the broker or provider reserved.

3. Due diligence is applied to the information about a specific property; we make no guarantee regarding the accuracy of such information, which is based on information provided by the disposing entity.

4. If the client is already aware of a property offered by the broker for sale, rental or lease, the client must inform the broker immediately, but at the latest within 48 hours from the offer, via registered letter or another traceable means. Non-observance of this obligation creates an obligation to pay the commission should a contract regarding the offered property be concluded.

5. Pursuant to § 7 Austrian Brokers Act, the claim to a commission arises with the legal validity (i.e. concurrence of wills or occurrence of a necessary condition) of the brokered transaction. In the event of a condition precedent, the claim to a commission arises even when the conditional contract was dissolved before the occurrence of the condition if the condition would have occurred without this early dissolution. The obligation to pay the commission arises upon the naming of the brokered contractual partner and regardless of whether the brokered transaction occurred with or without the broker’s intervention and regardless of when it occurred.

6. The full claim to the commission also arises
a) if the contract is concluded with conditions other than the ones in the offer;
b) if the contract is concluded for another property but with the contractual party named by the broker. The claim to commission in particular also arises if the transaction has a different business purpose and the brokering of the transaction lies within the activities of the broker pursuant to § 15 (1) clause 2 Austrian Brokers Act;
c) if and insofar as a contract regarding a transaction brokered by the broker is expanded or supplemented by contracts related in time or in their business purpose, to the extent of the expansion or supplement.

7. The client must obtain the broker’s consent before informing third parties of the offered properties or parties named by the broker, and the claim to the commission remains unaffected. In particular, the claim to the commission against the client (§ 15 (1) clause 3 Austrian Brokers Act) remains extant if the transaction designated in the brokerage contract is not concluded with the client but with another person because the client passed on to that person the opportunity to conclude provided to him by the broker or if the transaction is concluded not with the named third party but with another person because the named third party passed on this opportunity to this other person. The claim to commission also remains extant if due to bad faith the designated transaction is not concluded only because the client, despite what was negotiated, fails without good reason to complete a legal act required for the conclusion of the transaction, or the transaction is not concluded with the named third party because a legal or contractual pre-emptive, repurchase or subrogation right is exercised. Broker’s expenses arising from additional requests made by the client are charged separately and are also due if the desired transaction is not concluded. If the broker has an exclusive brokerage agreement, the claim to the commission also arises if the exclusive brokerage agreement is terminated prematurely without good cause in breach of the contract or the transaction is concluded during the term of the exclusive brokerage agreement in breach of the contract without the broker’s mediation or through the mediation of another broker commissioned by the client.

8. Arnold Immobilien GmbH reserves the right to take on the services of another brokerage for the purpose of initiating the transaction to be brokered if this appears to improve the chances of a successful brokerage; this results in no additional costs to the client or the mediated interested party.

9. Changes and additions to this contract require the written form; this also applies for the waiving of this written form requirement.

10. The place of performance is Vienna. The exclusive place of jurisdiction for any disputes arising from this contract is agreed as Vienna Inner City. The provisions of § 14 Austrian Consumer Protection Act (Konsumentenschutzgesetz, KschG) otherwise remain unaffected.

11. If the broker mediates a contract with which the client or the named third party is granted the time-limited right to conclude the respective transaction through unilateral declaration (option contract), 50 per cent of the commission agreed for brokering the main transaction are due upon the conclusion of the option contract. The remaining 50 per cent are then due upon the exercise of the option by the entitled person.

The security of your data

The Arnold privacy statement

We believe that your privacy is your own business, and this belief is practised on this website. For us, protecting your personal data takes top priority. You should always know when and how we collect your data and what your data are used for.

Your data are processed exclusively on the basis of the legal provisions (GDPR, Data Protection Amendment Act, TKG 2003). This privacy statement tells you about the most important aspects.

To begin with: We only record anonymised data. They can never be used to infer the end device (e.g. IP address), and certainly not the person using it. That is why we don’t ask you to click in a consent box for the analysis or processing of your data in the public part of this website.

We do not carry out an individual evaluation of your data for advertising and marketing purposes. When and how you get in touch with us is entirely up to you. From this point onwards, all your data are secured and you have a personal contact.

Important in this context: We may need to make amendments to the privacy statement during the ongoing further development of our website and when implementing new technologies. So please come back to check the privacy statement from time to time.

Contacting us

If you contact us by email or phone, we will save the data that you provide in order to process your query and for any follow-up questions or topics relating to your query. We will never pass on your data to third parties without your consent.

We may collect or save personal data after you contact us for the following reasons:

Legal basis of contract performance and offer

The data provided by you are required to perform the contract or implement measures to prepare for entering into a contract. We cannot conclude the contract with you without these data. The same applies to submitting or providing information about an offer. Examples for these reasons: providing a synopsis, processing requests, issuing invoices etc.
Legal basis of legitimate interests

We will process data about you based on our legitimate interests or those of our investors and customer networks (e.g. information system for property and potential interested parties or quick processing of user queries, optimisation and economic operations of our online services such as data area with personal login).
Legal basis of consent

You have provided your data voluntarily and we will process these data based on your consent. Examples of reasons: requesting the “Zinshausmagazin” or other informational materials, registering for an event, etc. You can revoke this consent at any time. If you revoke your consent, we will no longer process your data for the aforementioned purposes from that point onwards. Please send your revocation to: office@arnold.immobilien

Storage duration/deletion period

Your stored personal data will be deleted if the user, meaning you, revoke your consent for their storage, if you have provided us with data.

Processors

We use processors to process data (e.g. tax adviser). These processors are contractually obliged to strictly protect your personal data and are not permitted to process your personal data for any purposes other than to provide our services.

Security measures

We ensure organisational, contractual and technical security measures in line with the current state of the art. We ensure to the best of our knowledge that the provisions of the data protection laws are complied with. In doing so, we ensure as far as possible that the data processed by us are not manipulated, lost or destroyed intentionally or accidentally or accessed by unauthorised parties or entities.

Cookies

You may have noticed: We don’t have any annoying cookie banners!
Our website uses an anonymous session cookie to be able to capture rough metrics to optimise our online services, but as this cookie does not involve any of your personal data or the technical features of the device that you use to go online, we don’t need a cookie banner.

Google Analytics

We do not use Google Analytics or any similar analysis tool

We do not send out newsletters. We only send you targeted information and business-related documents that you request from us or for which you have given your consent.

SSL encryption

This page uses SSL encryption for security reasons and to protect the transmission of confidential content such as queries, which you send to us in our capacity of website provider. You can identify an encrypted connection by the fact that the “http://” in your browser address line changes to “https://” and a padlock symbol is displayed in your browser bar. Whenever SSL encryption is activated, the data that you send to us cannot be read by third parties.

Integration of third-party services and content

We do not integrate third-party content or services into our website.

Your rights

You have the following rights at any time without the need to provide reasons: the rights to information, correction, restriction of processing, data portability, revocation and objection. If you believe that the processing of your data is against data protection law or your rights under data protection law have been violated in any other way, you may lodge a complaint with the supervisory authority. In Austria, this is the data protection authority:
Österreichische Datenschutzbehörde
Wickenburggasse 8-10
1080 Vienna
Tel.: +43 1 531 15-202525
Email: dsb@dsb.gv.at
Website: https://www.dsb.gv.at/

You can reach us under the following contact details

Arnold Immobilien GmbH
Seilergasse 14
AT-1010 Wien
Phone +43 1 513 01 52
office@arnold.immobilien

Arnold Investments GmbH
Passauer Straße 8-9
DE-10789 Berlin
Phone +49 30 7001 088 80
de@arnold.investments

Arnold Investments SL
Plaza de las Cortes, 4 – 8° derecha
ES-28014 Madrid
Phone +34 917 930 350
es@arnold.investments

Arnold Investments S.r.l.
Corso Giacomo Matteotti 1
IT-20121 Milan
Phone +39 02 30 32 975-0
it@arnold.investments

Arnold Investments - Mediação, Lda
Praça do Príncipe Real, 28, 2º
PT-1250-184 Lisboa
Phone +351 211 206 863
pt@arnold.investments

Arnold Investments s.r.o.
Bělehradská 679/94
CZ-120 00 Praha 2 - Vinohrady
Phone +420 226 202 700
cz@arnold.investments

Arnold Investments s.r.o.
Rybárska brána 8
SK-811 01 Bratislava
Phone +421 233 10 40 00
sk@arnold.investments

Arnold Investments Kft.
Türr István utca 9./Vaci utca 5.
HU-1052 Budapest
Phone +36 1 920 60 80
hu@arnold.investments

Arnold Investments BV
Beech Avenue 54-62
NL-1119 PW Schiphol-Rijk
Phone +43 1 513 01 52
nl@arnold.investments