Terms and Conditions

ASPI AG AGB Terms and conditions ASP hotel brokers

By using this website or contacting ASPI AG or an affiliated company in any way you agree to accept the following terms and conditions. The chairman of ASPI AG in Sarnen, Switzerland and the management of ASP Strategy Consultants – German office in Munich are always happy to provide clients with further clarification of the following terms and conditions if so wished. By registering or accessing the ASPI property database on this webpage (“the database”) and by every subsequent use of the database, you (‘’the user’’) agree to the following terms and conditions and definitions:

The company ASP Global Hotel Brokers & Luxury Properties operates under the name "ASPI AG" and is referred to as "ASPI" in these terms and conditions. Detailed information about the company can be found in the legal disclosure on this website.

The company ASP Strategy Consultant Limited based in Munich is also entitled to advertise and offer our range of properties. This company, which for the sake of simplicity is also referred to as ASPI in these terms and conditions, may independently enter into and complete contracts, market and sell properties and possesses all the necessary authorizations to do so. Detailed information about this company can be found in the legal disclosure on this website.

The contents of this website do not constitute professional advice and ASPI does not provide any warranties, whether express or implied, in relation to its contents. To the fullest extent permitted by law, we disclaim any kind of assurance or guarantee for this website and the information it contains. For any questions concerning guarantees, please refer to the section "Warranty/Guarantee" below.

By accessing our website or any part thereof (whether or not you are a registered user as defined below) you agree and consent to our privacy policy. Our privacy policy can be found on our website. In accordance with this policy, ASPI is entitled to save and trace personally identifying information and monitor usage of its website (including the use or permanent or session cookies, GIFs and other electronic network functions of which this website forms a part) so as to save information, or gain access to information stored in the data terminal equipment used to access this website.

I. Important Notes and Definitions

II. Conditions Governing ASPI Property Particulars:

All property particulars accessed via this website, including any data obtained via internet enquiry, are subject to further contractual provisions which are to be agreed upon separately and are used as the basis for further negotiations.
The property particulars listed are only intended for the use of individuals who are familiar with business transactions of this kind.
If you are unsure whether you fit this description, we recommend seeking independent advice before proceeding further.

ASPI would like to make known that:

1. Warranty/Guarantee

The following liability exclusions and limitations do not apply if ASPI or one of its clients are guilty of a willful or grossly negligent breach of duty or contract. Liability for damages arising from loss of life, physical injury or damage to health shall also remain unaffected.

a. Property particulars are intended for the benefit of and as general guidance for prospective buyers or lessees. They do not form part of a proposal or contract. Although property particulars are assumed to be correct, complete and current, no guarantee thereof can be given.

We therefore highly recommend making your own enquiries and visitations.

ASPI and its clients are not liable for any incorrect or incomplete information. Any errors, omissions, misrepresentations or incorrect descriptions shall not annul or cancel a sale since as stated above under “II. ASPI Conditions Governing Property Particulars” only the details later agreed upon in a contract are binding. ASPI is not liable for any possible losses, damages, costs, expenses other compensation claims which may arise from inaccuracies or missing figures, annual accounts or other information. Only the details later agreed upon in contract are binding.

b. None of the information concerning property particulars should be relied upon as statements or representations of fact. Prospective buyers or lessees must satisfy themselves, by inspection or otherwise, as to the accuracy of each of the statements contained in the property particulars.

c. Neither ASPI, its employees, nor its clients provide any kind of warranty or guarantee with regards to any properties.

d. Due to the changing nature of business activity, it cannot be guaranteed that the property particulars on this website are current, complete and correct. We do not accept any liability for losses arising from any reliance on information contained on this website or in the property particulars or from any inability to use, access or transfer information from this website.

e. ASPI will not knowingly or willingly commit a breach of contract, provide third party access for, or otherwise aid potential copyright infringers.

III. Additional Terms

1. ASPI:

a) reserves the right to hold and process personal data, and

b) If necessary may share this with other companies within the group to offer products and services which may be of interest to customers and so as to be able to offer the full range of services offered by our company group.

c) (and its affiliated companies) reserve the right (in accordance with our privacy policy) to contact prospective customers using the email address provided during the registration process to provide services that have been requested via the website.

If you do not agree to us acting this way and using your personal data for these purposes, please DO NOT register!

2. Where as part of the registration process a potential customer has ticked the relevant box indicating that they agree to ASPI AG and other companies in the group forwarding or instigating the forwarding of the contact details provided at the time of registration for the purpose of direct marketing by postal means (which according to regulations also includes email and text messaging), ASPI AG, ASP Global Hotel Brokers & Luxury Properties, ASP Strategy Consultants Limited and/or other group companies may, until such consent is revoked, offer to the user’s attention the group’s products and services and other products and services of third parties that they believe may be of interest to the user by such means of communication. In accordance with our privacy policy, the user reserves the right to refuse the use of their contact details for such direct marketing purposes by the company without incurring any costs.

3. The information provided to you from our database is not in the public domain and is to be treated in a strictly confidential manner. It is prohibited to pass this information on in any form (whether electronic, written or verbal) without the prior consent of ASPI to any other person, firm or company other than to authorized employees. These employees are bound by the same obligations of confidentiality.

4. ASPI may send prospective customer passwords and other access codes per email or in any way it sees fit and may periodically change the method used. Access codes are for the sole use of the user or authorised employee and are non-transferrable and should be treated with strict confidence.

The prospective customer is responsible for all website usage made using a specific access code irrespective of who actually used the code.

The prospective customer is obliged to protect ASPI and all group members from any third party misuse of access codes. The user takes full responsible for the usage of access codes and any possible misuse by authorized employees. The user is obliged to inform ASPI in writing without delay of any security breaches or unauthorized usage. ASPI is not liable for any losses incurred as a result of such a breach or unauthorized usage if it has not been informed in writing thereof. The security of personal data cannot be guaranteed if passwords and access codes are subject to unauthorized usage and this limits ASPI’s obligation to hold and use personal data in accordance with data protection aspects (DPA 98).

5. Without detracting from the generality of the foregoing, the prospective customer commits themselves and their authorized employees not to pass any details obtained by them or their authorized employees from the database to any other property broker, personal advisers, or to any third parties without the express prior consent of ASPI.

6. ASPI reserves the right without notice (save any notice mentioned below or a notice expressly required to be given under the current version of these terms and conditions) to:

7. If a registered user does not log in to the website at least once in any six-month period, or another given period which ASPI may define at its own discretion, ASPI is entitled to send the user an email notifying the user that their data will be archived if they do not access the website within a given period (usually 21 days or as otherwise advised by ASPI). If after receiving this email the user accesses their account within the given period, then the archiving process will be suspended. However, if at a later date the user does not access their account for an extended period the archiving process will recommence. If after receiving such a notification the user fails to access the website within the stated period, then the user’s data will be automatically archived. If at a later date the user wishes to access the services available to registered users, then they will be required to reregister (and be subject to the terms in place at the time of registration). This is providing that ASPI still operates this service.

8. ASPI takes no responsibility for any third party contents which the user is able to access through this website, nor for any virus contracted as a result of visiting this website or any other website.

9. The material on this website, the database and all property particulars, documents and correspondence provided by ASPI are copyright and may not be copied, distributed, published, licensed or reproduced in any way without the express written consent of ASPI. ASPI retain all intellectual property rights (including trademarks, both registered and unregistered) associated with their company and domain names.

General ASPI Global Hotel Brokers terms and conditions for buyers and tenants:

The ASPI Board in Sarnen/Switzerland, namely the management of ASP Strategy Consultants Ltd. - Branch Office in Munich, Germany is prepared at any time to give any buyers / tenants / prospective buyers and lease-holders a desired clarification to the following terms and condition:.

1. Order. Our activity is directed upon the proof and/or the mediation of contracts. We devote ourselves to the fulfilment of our orders with the best possible care, in impartial perception of the interests of our clients and within the scope of generally approved business principles and customs.

2. Foreknowledge. If the objects / projects offered by ASP are already known, it is required that ASP be informed within 5 calendar dates who had offered the object / project and at what time already before, otherwise the receiver of this information recognizes our offer as causative for a possible later contract conclusion.

3. Accrual of the commission for buyers and tenants. Our commission is earned, as soon as on grounds of our agency, or on grounds of our proof a contract has come about whereby causality is sufficient. The commission is due and payable with the issuance of an invoice. Moreover our commission is earned and payable if a prospective buyer / lease customer delivers a binding purchase offer / lease offer and this is accepted by the seller / lessor. Furthermore is valid:

3.1 Our right to commission remains when the concluded contract expires by a condition subsequent or is not met due to a resignation or for any other reason is not fulfilled.

3.2 Our claim remains valid as well if the contract is concluded at a later date or with other conditions, or if instead of the business agreement offered by us, a replacement business agreement that enters into a final, successful  economic conclusion in  place of the originally intended transaction (E.g. acquisition by assignment, Exchange, expropriation, right of first refusal, purchase / rental / lease to buy or acquiring real shares, etc.).

3.3 Explicitly a commission claim arises as well, if, instead of a contract for sale, a lease / lease / lease-purchase contract, or the like is, and even if a contract is closed instead of a rental agreement / lease a sales contract is concluded. In this case, the amount of the commission according to point 4 of these terms and conditions is adapted to it. Also the conclusion of the contract by a natural or legal person who is the original customers / prospects in close or permanent legal or personal connection is considered reasonable commission contract / lease.

3.4 A commission claim arises quite explicitly even when a buyer/ lease holder obtains the property at a significantly lower price or under different conditions from the seller than offered from ASP.

3.5 In the case of contracts concluded with suspensory condition our commission is payable upon conclusion of the contract, regardless of fulfillment of the suspensory condition. We are under this provision of Section 652 BGB (German Civil Code) shall be exempt.

3.6 We shall be entitled to be paid and to work for the other contracting party without any restrictions.

4.A Amount of commission for merchants / businesses / institutions. The amount of the buyer / tenant commission / tenant commission is directly specified in the objects and the respective reports and publications. Also different commission rates can be agreed upon. The parties, however, must agree and in writing. Fundamentally the following commission is valid-  in addition to the valid legal value-added tax:

4. A1 For the purchase and sale of companies or stakes in companies from the buyer 5 % (five from one hundred), calculated by the value of the contract. The applicable commission percentage for each object is listed in the reports and offers of individual objects.

4.A2 for rent and lease of commercial real estate by the lessee/licensee:
a) for contracts up to 5 years duration 4 months rent as a minimum fee;
b) for contracts of a longer duration, 5 (five from one hundred) of rent attributable to the total term of the agreement, no more than from the 10-year rental sum, minimum 4 month rental.
c) in the case of contracts with option rights for renewal of the contract is the option, regardless of the subsequent perception, attributable to the term of the contract. The maximum rate in the preceding paragraph shall apply.
d) if a lease / rental without paying an ongoing rent / lease, is that in the normal case for monthly lease to be valid for such a real estate / monthly rent, then this is the basis for calculating commissions in accordance with 4.A2 a.) / 4.A2. (b).) The applicable commission rate for each object is listed in the reports and offers of individual objects.

4. A3 For the purchase of a house and property, from the buyer 5 (five of Hundred), is calculated by the achieved total purchase price. The valid commission rates are according to the individual property reports and offers respectively.

4.A4 In transfer / gift / conveyance / contribution or similar, from the beneficiaries 5% (five from hundred), calculated by the local market value, or if no consensus between beneficiaries and us can be achieved, then  by an independent expert establishing the market value. The applicable commission percentage for each object is listed in the reports and offers of individual objects

4.A5 in the provisioning of financing, or the assistance for establishing a successful financing of the buyer / beneficiary 2.3% (2.3 from one hundred), calculates the financial value.

4. A6 with inheritable building rights of the leaseholder 5% (five of Hundred), calculated by the plot value / object value and the running hereditary lease calculated according to 4. A2 b.). The commission rate is valid in each case for the single object is stated in the reports and offers of the individual objects.

4. A7 When granting a right of first refusal of the authorized person  1% (one hundred), calculated by the market value of the object.

4. A8 By project developments of the project developer / builder-owner 2.5% (2.5 of Hundred) from the prospective whole investment sum. The commission rate is valid in each case for the single objects and is stated in the plans and offers of the single objects.

4. A9 According to sections 4. A1 to 4. A8 of the commission calculation as a basis to laid values increase by the value of other cash payments which are also associated with the brokered business in connection,  in particular one-time payments, compensation, Transfer fees (e.g., for furnishings, key-money, personnel takeovers etc.) and concerning the legal value added tax.

4. A10 In case in other countries there are legal commission maximum limits for the points 4. A1 to 4. A8 that are lower than the cited here, these expressly count as agreed.

4. B Amount of the commission for private individuals. The amount of the commission for buyers / tenant / renters is stated with the objects and in the respective reports and publications directly. Divergent commission rates can be also agreed. However, it is necessary that the parties agree and put it in writing. Fundamentally  the following commission rates are agreed upon including the legal value added tax:

4. B1 by buying and selling of enterprises or participation in enterprises, from the buyer 5.95% (5.95 of Hundred), calculated by the contract value. The commission rate is valid in each case for the single objects and is stated in the reports and offers for the single objects.

4.B2 for rent and lease of commercial real estate by the lessee/licensee:

a) for contracts up to 5 years duration, 4.76% monthly rents as a minimum fee;
b) for contracts of a longer duration, 5.95% (5.95 of a hundred) of rent attributable to the total term of the agreement, no more than from the 10-year rental sum, but at least 4.76% monthly rent;
c) for contracts with option rights on extension of the contract is the option, regardless of the subsequent perception that is attributable to the duration of the contract. The maximum rate of the previous paragraph shall apply.
d) in the case of a lease / rental without paying an ongoing rent / lease,  the normal case is for such property to have a monthly lease to be a such real estate / monthly rent as a basis for calculating commissions in accordance with 4.B2 a.) / 4.B2. b).  The applicable commission rate for each object is listed in the reports and offers of individual objects.

4.B3 when buying a home and real estate, from the buyer 5.95% (5.95 of one hundred), calculated from the obtained total purchase price.  The applicable commission rate for each object is listed in the reports and offers of individual objects.

4.B4 in transfer / gift / conveyance / contribution or similar from the beneficiaries a 5.95% (5.95 of one hundred), calculated by the local market value, or if no consensus between beneficiaries and us can be achieved then  by an independent expert will establish the market value.  The applicable commission rate for each object is listed in the reports and offers of individual objects.

4.B5 in the provision of financing, or the assistance for establishing a successful financing of the buyer / beneficiary 2,737% (2,737 of one hundred), calculated based on the financial value.

4.B6 in building lease from the lease holders 5.95% (5.95 of one hundred), calculated by the land value / object value and the current lease calculated in accordance with 4.B2 b.). The applicable commission rate for each object is listed in the reports and offers of individual objects.

4.B7 when granting a right of first refusal by the beneficiary 1.19%  (one hundred), calculated by the market value of the object.

4.B8 in project developments of the project developer / owner 2,975% (2,975 hundreds) of the estimated total investment sum. The applicable commission rate for each object is listed in the reports and offers of individual objects

4.B9 according to 4.B1 up to 4.B8 the commission calculation underlying values increase to further due to further cash payments that are related to the associated brokered Business, such as one-off payments, Transfer fees, compensation (E.g. for key-money, staff takeover, etc.) and in regards to  the statutory value added tax.


4.B10 if in other countries legal fee ceilings apply to 4.B1 points to 4.B8, which are lower than these herein, these listed herein are expressly agreed to.

5. Information obligations of the buyer / tenant.  To the degree direct negotiations are taken up on the basis of our activities between the parties, this is counted as referenced to our work. The content of the negotiations is to be unsolicited and immediately made known to us. We are also entitled:

5.1 To be present at the conclusion of the contract; to be informed of dates and time.

5.2 Issuance of a copy of the agreement and all related agreements,

5.3 Naming of the party by the contracting authority upon completion of the contract

6 Offers. Our offers are always according to our best of our knowledge and conscience, but also according to the information given by the provider, we are not liable for its accuracy. Our offers are generally subject to confirmation and non-binding. Error, sale, rental or lease are expressly reserved

7 Separate consulting services. A contracting entity takes our consulting services, without that we are entrusted with a brokerage or a proof for the same business, so we will charge a consulting fee €300 plus VAT per hour, which if successful, a 5%fee  of the value obtained for the client (for example, a rental or cost reduction) is owed.

8 Viewing appointments. Visits and object presentations are generally free of charge for the purchase or lease buyers. Should there be binding  a appointment / meeting  between the broker and the prospective purchaser or lease holder directly at the object, or somewhere else agreed upon and confirmed - and this appointment is not kept, for whatever reason or cancelled too late (before departure, before booking flights, car rental, interpreters, etc.), then the prospective buyer or lease holder are to bear all the costs for this date (travel and time costs of the broker and possibly also the owner) in the full amount.

9 Ownership website. This Web site is owned by and under the control of ASPI AG from its offices in Switzerland. People who visit this website from other locations, are responsible for ensuring that they are acting in accordance with the law applicable to this site.
 

10. Place of execution, place of jurisdiction, applicable law. Is the principal a merchant, is place of execution and court of jurisdiction Sarnen for all transactions, which run through ASPI AG - Swiss law is agreed upon, or for all transactions that run via Munich for ASP Strategy Consultants Ltd. - Then only German law is agreed upon. The principal is an individual, so the respective legal regulations apply. Of course, the legal provisions on the acquisition of real estate in the countries in which the properties are located, are respected. For example the 'clause suspensive' when purchasing real estate in France.

11. Severability and survival. Should parts of our terms and conditions be invalid, so the validity of the remaining provisions are not affected, to replace any invalid provisions, the statutory rules apply.

12 Rights of ASPI AG and its subsidiaries. The ASPI AG as well as any other of the mandated companies of the ASPI AG have the right to enforce any claims on the basis of these general terms and conditions. Except for interested parties, third parties are not authorized to use the information obtained on our website. Nor are they entitled to them, in this respect to make claims or to use the descriptions of objects related to the website.

These terms and conditions replace all previous. The latest terms and conditions, visit our homepage at aspimmo.com and these are the bases for each business. Stand: 01/2015

Hospitality and Leisure Real Estate Brokers and Advisors    
ASPI AG, 6060 Sarnen / Switzerland    
ASP Strategy Consultants Limited, 80539 Munich / Germany  
 

I have carefully read these general terms and conditions and accept them.

Copyright 2015 ASPI AG. Alle Rights Reserved.