1. These General Terms and Conditions (GTC) govern the legal relationship between Infonetz 33 GmbH as operator of the website www.wasserblick.de and vendors who advertise property on the real estate portal www.wasserblick.de.
For the sake of clarity, reference is solely made to wasserblick.de in the following, which refers to both the website and its operator Infonetz 33 GmbH. Other terms and conditions of the vendors have no validity, even if wasserblick.de does not reject them in individual cases. German law applies exclusively.
2. Wasserblick.de offers vendors the opportunity to advertise properties - i.e. land, buildings, flats and house boats - for sale or for rent. The properties advertised must either be directly on the water or have a view of the water. Property advertised on wasserblick.de must have a sea view, lake view or river view. As of June 13 2014, only commercial providers are permitted. Private vendors who registered before 13.6.2014 can continue to market their properties on wasserblick.de.
The property advert design must comply with the requirements of wasserblick.de. Wasserblick.de does not provide any estate agent services. Property enquiries are automatically forwarded to the property vendor and are not reviewed by wasserblick.de.
Property advertisements are approved once the water view has been confirmed by the operator. The operator reserves the right to exclude properties from marketing on wasserblick.de without providing reasons.
3. The vendor is only permitted to list properties which they have the right to market. The vendor hereby assures that they own the copyright for all images, texts and brands used or have obtained the authorisation of the owner. Vendors on wasserblick.de undertake to describe their advertised properties truthfully. Moreover, they are obliged to delete properties that are no longer for sale or for rent within five working days.
Vendors are required to review the advertisements once they have been published to ensure that they are accurate and complete, taking to their respective national legislation into account.
Commercial property vendors are obliged to complete the registration information provided for them on wasserblick.de truthfully and with legally binding effect.
Providers who charge a commission upon the agreement of a business transaction must make express mention of this in the offer and must further state the amount of the commission, the basis on which the commission is calculated, the currency and persons entitled to receive a commission.
The property vendors are fully responsible for their uploaded property offers. Wasserblick does not accept any liability for incorrect or incomplete information in property offers.
4. Wasserblick.de has the right to publish property offers uploaded by vendors on other websites and in print media. The advertisement may be displayed in a different format as a result. Each vendor agrees that wasserblick.de is permitted to use data, text and photos for this purpose.
5. Property offers can be displayed on wasserblick.de free of charge. Wasserblick.de is entitles to place advertisements for promotional purposes and in connection with the offer. The vendor is not entitled to a share of any earned advertising proceeds.
6. The contract with wasserblick.de shall be concluded by registering using the "New registration" form and the subsequent submission of a confirmation email. Wasserblick.de reserves the right to terminate contracts or registrations without cause if the offers do not comply with the principles of wasserblick.de.
7. The contractual partner is entitled to terminate the contract at any time without providing reasons. Wasserblick.de can terminate a membership with notice of 14 days, unless there are grounds for immediate termination. Infonetz 33 GmbH reserves the right to immediately delete data that does not correspond with the purpose of the website in a narrow or broad sense or is prohibited for legal reasons.
8. Property offers will be uploaded to the portal and assessed under consideration of data protection requirements. Wasserblick.de assures that all data is backed up and protected on the basis of the company's best knowledge and using the latest technology. In the event of the loss or theft of data, neither the vendor nor a third party is entitled to claim compensation for damages or other liability claims from wasserblick.de.
9. Wasserblick.de accepts no responsibility for the timeliness, accuracy or legality of the texts and images uploaded by property vendors or the associated ownership relationships and similar. The property vendors are fully responsible for their displayed property offers. The property vendors release wasserblick.de from third-party claims resulting from the publication of property offers. Furthermore, wasserblick.de does not check the completeness of the company data provided by commercial vendors. Information provided by wasserblick.de on the website is carefully researched, but the accuracy of this information cannot be guaranteed. In addition, wasserblick.de is not liable for external content accessed via links in the advertisements. If content is displayed which does not feature a water view or infringes applicable law despite careful review, the content will be deleted immediately after the operator becomes aware of this.
If the operation of the website wasserblick.de, including the interfaces and the exchange of data, is disrupted due to technical problems, compensation for damages is excluded.
Claims for damages asserted by third parties against wasserblick.de due to the illegal use of images and texts by the vendor will be passed on to the respective vendor by wasserblick.de. The claims for damages and any consequential or additional costs are to be covered by the vendor.
Notwithstanding the aforementioned provisions and the following restrictions on liability, we shall have unlimited liability for damages to life, body and health which are due to a negligent or intentional breach of duty, and for damages covered by liability under the German Product Liability Act. In the event of gross negligence, wasserblick.de shall be liable for the damage typical for such contracts and foreseeable at the conclusion of the contract. In the event of a breach of an essential contractual obligation, which is vital to the performance of the contract (a so-called material obligation), wasserblick.de shall be liable for the damage typical for such contracts and foreseeable at the conclusion of the contract, to the extent that wasserblick.de has given a guarantee for a certain quality. Liability for ordinary negligence is excluded.
10. Vendors and third parties are not permitted to display data, webpages, images or texts from wasserblick.de on third-party websites, social media platforms or other external data sources, either in full or in part. If a highly visible copyright mark is provided, wasserblick.de may permit the display of this content upon request.
11. Written form clause: Any changes or additions to this agreement will only be effective if agreed in writing.
12. Severability clause: If any provision of these General Terms and Conditions is invalid, this will not affect the remaining provisions.
13. These General Terms and Conditions may be amended by wasserblick.de at any time without providing reasons. The amended General Terms and Conditions will be sent to the user via e-mail. They will only come into effect if the vendor does not reject them in writing within four weeks after receipt of the e-mail, referring explicitly to the significance of the four-week restriction.
14. The German version of these General Terms and Conditions shall take precedence in any disputes. The place of jurisdiction is Bonn, Germany.