Please note: This translation serves as a reference only; the German version is legally binding.
Service for providers
Berlin Partner for Business and Technology's real estate service is a component of the BERLIN BUSINESS LOCATION CENTER (BLC). As part of the multimedia information service for investors, it offers a platform for commercial real estate providers and users. The service encompasses commercial real estate in Berlin and Brandenburg. The database's service is free of charge for providers and for users. Any registered user is free to use the BLC's real estate database via an Internet search.
Berlin Partner for Business and Technology's Service
Berlin Partner for Business and Technology acts neither as an agent nor as a realtor, but rather provides the service of an Internet-based real estate database. The real estate offers included therein are listed through a third party. Berlin Partner for Business and Technology takes no responsibility for the accuracy of the content. The provider is exclusively responsible for the examination of the content of the offers (please see "warranties and disclaimers").
If requested, individual properties may be reserved to be presented to a selected group in the BERLIN BUSINESS LOCATION CENTER multimedia showroom.
The provider holds no responsibility for the careful examination of his/her offers. The provider is explicitly liable for
- making complete, factual and carefully examined data
- listing no offers that violate the rights of third parties and/or legal regulations
- listing only offers from his/her own portfolio
- listing no phantom/sham offers
- removing offers without delay when the property is no longer available
- explicitly referring to a realtor's fee/commission if it is required when signing a contract
Providers guarantee that they are authorized to offer the property they have provided for listing within the BERLIN BUSINESS LOCATION CENTER (BLC) site for sale or for lease. The providers are equally responsible for adhering to the rules of competition. Forwarding user ID or password to a third party is not permitted.
Information on energy data according to the Energy Conservation Regulations EnEV
The second ordinance to change the Energy Conservation Regulations as of July 24, 2007 will take effect on May 1, 2014. Thus, providers of real estate are obliged to declare energy consumption/demand accruing from the energy pass (§16 a EnEV) in their advertisements.
Every provider on the real estate portal is obliged to mark the legally required information on the energy consumption according to §16a EnEV in their offers on the real estate portal of BERLIN BUSINESS LOCATION CENTER (BLC). The technical requirements to duly provide this information as well as to attach an energy pass as a document to the real estate offer are ensured by the real estate portal.
Berlin Partner for Business and Technology reserves the right not to publish on the real estate portal or to delete from the real estate portal real estate offers that are insufficiently marked according to §16a EnEV.
Granting of rights and exemption
Providers grant Berlin Partner for Business and Technology basic rights at no charge and irrevocably for the time of use in the BLC's real estate portal. These include everything necessary for the ad on the Internet for images, floor plans, graphics and other legally protected content used to portray the offer. The rights of use include in particular the right to technical reproduction or to make publically accessible.
The respective provider releases Berlin Partner from liability for issues that could be made by a third party on account of the listing to Berlin Partner for Business and Technology. The provider covers costs for necessary legal defense (in particular court and attorney costs), which could accrue to Berlin Partner for Business and Technology during assertion of a claim. This is not the case if the breach of law is not the fault of the provider.
Right to remove offers
Berlin Partner for Business and Technology reserves the right to not publish data in individual cases, or to delete offers with false information or violate other aspects of the provider's responsibilities, without prior announcement.
The inclusion of an offer in the database does not automatically lead to the visual presentation on the BLC's real estate portal. The offers will be activated by Berlin Partner for Business and Technology's administrators. If offers with the same address are registered by multiple providers, the administrators will always only activate the first registered offer and include it in the real estate portal. Exceptions will only be made if the owner has named an exclusive provider for the property in question and this provider is not the first to register.
Guarantees and Liabilities
Berlin Partner for Business and Technology accepts no responsibility for the currency, accuracy or completeness of the offers included on this platform and in particular to 'linked' Internet sites from providers. The responsibility for the published content and the content of the 'linked' Internet sites published as part of the real estate service lies solely with the providers. Berlin Partner for Business and Technology does not take responsibility for foreign content and is not liable for foreign content. This does not hold true if Berlin Partner, for example, is aware of the inaccuracy of such content through a user and does not correct this or does not require for the provider to correct the information.
Berlin Partner for Business and Technology is liable - regardless of the legal reason - for its own service, if premeditation or gross negligence can be proven. With simple negligence, Berlin Partner for Business and Technology is only liable if an obligation has an infringement which would prohibit a contract from being signed and which would be a breach for the contractual partner (a so-called cardinal obligation). In this case, the liability is limited to the damage with which the known circumstances would typically occur only after the contract has been signed. Otherwise, liability for damages of all types, regardless of which basis for claim, including the liability for debt at the time of contract, is excluded. The named exclusions for liability and limitations also protect employees, agents or other third parties which are served by Berlin Partner on fulfilling a contract. All exclusions for liability and limitations do not hold, however, in the cases of necessary legal liability, in particular according to product liability law, takeover of a guarantee or with culpable injury of life, body or health.