General Terms of Business

A. General Terms of Business for Sellers/Landlords
1. The following lays down the General Terms of Business for real estate offered through Seahorse-Administracion S.L. (hereinafter referred to as ‘Seahorse-International) – the marketing of property for rent or sale with regard to the Sellers/Landlords of such property.


2. For properties offered, Seahorse-International shall make the details of the property given to them available online via the internet. The selection is the responsibility of Seahorse-International. Seahorse-International shall make every effort to adapt its services to current technical developments and current developments on the market. Seahorse-International reserves the right, therefore, to make changes in the agreed performance, provided that such alterations do not impact on the core services and, taking the interests of the contractual partner into account, are reasonable for such.


3. The Seller/Landlord is obliged to carefully collate the information that is then provided to Seahorse-International and make sure it is true and to inform Seahorse-International immediately should the property being offered no longer be available.
Moreover, the commercial Seller/Landlord is obliged to offer only real estate that is his to market or for which he has a contract to market such.


The contents and the correctness of the data provided are the sole responsibility of the Seller/Landlord.
In this respect, he must truthfully declare all important properties and characteristics of the real estate being offered.
Moreover, he is obliged not to provide any data whose contents violate the rights of third parties (personal rights, rights to a name, brand rights, etc.) or violate existing laws. The Seller/Landlord shall exonerate Seahorse-International from all claims against Seahorse-International from third parties resulting from such violations. This includes the reimbursement of costs for any legal representation necessary.


Any offerings designed solely for the purpose of attracting the attention of Prospects shall be regarded as misuse and shall be deleted after a single communication from Seahorse-International. Examples of such offers would be:


a) wrong and / or faulty details of the address of the property,
b) misusing exposés as advertising for one’s own company,
c) attracting Prospects’ attention to an offer using unclear or even false details,
d) forwarding Prospects to internet or telephone services that have to be paid for.


4. The rights of the Seller/Landlord resulting from this contract are not transferable.


The password allowing the Seller/Landlord access to the personal area and therefore also to enter data shall be treated with strict confidentiality and not be made known to third parties. The Seller/Landlord shall carry out suitable and reasonable measures to prevent his password becoming known to third parties.


5. The Seller/Landlord is obliged to use any information provided to him about enquiries, resulting from the offering, only in the context of the particular concrete real estate business in question.
It is not permissible to pass on any information to third parties, to use information for third parties or information to be used for any other purposes.


6. Should a commission be charged in the case of a transaction being concluded then this is to be expressly stated in such an offering and the amount of commission and the way it is to be calculated to be named.


7. Seahorse-International has the right, but is not obliged, to provide Sellers/Landlords and Prospects with their own additional information or that from outside sources or additional offerings that relate to the intended sale, purchase, renting out or renting.
Seahorse-International likewise has the right, but is not obliged, to additionally disseminate, free of charge for the Seller/Landlord, the offering through co-operating real estate exchanges.


8. The data provided by the Client to Seahorse-International shall be saved and processed by Seahorse-International for the aforementioned purposes and those arising from the Clients contract in detail. Seahorse-International shall observe the data protection regulations when doing so.


9. Warrantee claims against Seahorse-International shall be limited to supplementary performance. Should supplementary performance be unsuccessful then the Seller/Landlord can cancel the contract pursuant to § 634 No. 3 BGB (German Civil Code) or reduce the remuneration and claim damages or replacement for expenditures in vain pursuant to § 634 No. 4 BGB.
The right to self-help as laid down in § 634 No. 2 BGB shall only exist after supplementary performance has failed, provided that this is possible in standard ways using the software tools made available by Seahorse-International to the real estate Seller/Landlord.


Seahorse-International shall not be liable whatsoever for compensation for damages – also as part of the warrantee.


This exemption from liability is not valid:


a) for liability due to action with intent,
b) when the damage due to injury to life, body, health is caused by a negligent breach of duty by Seahorse-International or an intended or grossly negligent breach of duty by a legal representative or vicarious agent,
c) if the damage by Seahorse Projects has been grossly negligent or caused with intent or due to gross negligence by a legal representative or vicarious agent,
d) for liability resulting from a breach of such contractual duties that are indispensable for achieving the objectives of the contract (cardinal duties),
e) where Seahorse-International has assumed a warrantee for a certain characteristic,
f) for liability as laid down in the product liability act.


10. The prices for the individual Seahorse-International services are based on the valid price list at the time that the contract is awarded. In the case of an automatic extension of the duration of the contract the remuneration for the duration resulting from the extension shall be defined by the price list that is valid on the first day of the additional duration of the contract.
Payments are due immediately upon receipt of invoice.
In the case of default in payment or delay, the statutory interest rates shall be charged.
In the case of default in payment Seahorse-International reserves the right to hold back on the contractual performance until the end of the delay. Costs arising for Seahorse-International from the collection of debts and the recalling of money debited shall be charged.


11. Any cancellations shall be made in writing (letter or fax).


12. If the Seller/Landlord is a trader as laid down in the commercial law code (Handelsgesetzbuches) the headquarters of Seahorse-International shall be place of jurisdiction for all disputes resulting from the contract.


13.
a) Seahorse-International reserves the right to alter these General Terms of Business at any time without naming reasons. The altered terms shall be sent to the user 2 weeks before they become valid. If the user does not contest the validity of the new Terms within 2 weeks of receipt then the altered Terms shall be taken as accepted.
Seahorse-International shall especially point out to the user the significance of the two weeks notice.


b) Should any provision of these Terms of Business be or become invalid the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that is as close as possible to the purpose and meaning of the invalid provision in a legally-valid way. The same is valid for any loopholes in any provisions.


B General Terms of Business for Prospects
1. The following lays down the General Terms of Business for processing enquiries by Seahorse-International S.L. (hereinafter referred to as Seahorse-International).


2. Seahorse-International enables Prospects interested in real estate access via the internet to the properties in Seahorse-International´ database.


There is no legal right to this access; in particular Seahorse-International can forbid any further usage at any time.


3. The information gained by accessing Seahorse-International database may only be used for personal usage and only in the context of an interest in purchasing or renting the property enquired about.
Any passing on of information to third parties and any usage of such for other purposes, especially commercial purposes, is forbidden.


4. Seahorse-International passes on information which has been given to them. Seahorse-International does not guarantee that any of the contents that have been given to Seahorse-International are correct. Seahorse-International shall not be liable for the contents of the information.


5. Seahorse-International also makes information available via its web site from suitable co-operation partners. The co-operation partners are solely responsible for their content. Their Terms are valid for their services.


6. Seahorse-International has the right, but is not obliged, to also provide Prospects with their own additional information or that from outside sources or additional offers that relate to the intended purchase or renting. The data with regard to such additional information and additional offers shall only be passed on when the Prospect has given his agreement to such.


7. All data provided by the Prospect to Seahorse-International will be saved and processed by Seahorse-International for the aforementioned purposes and those arising from the client’s contract in detail. Seahorse-International shall observe the data protection regulations when doing so.


8. If requested Seahorse-International shall send a free-of-charge newsletter to interested clients. There is no legal right to receive this newsletter, in particular Seahorse-International can restrict or stop completely sending the newsletter at any time.
The sending of further newsletters shall be ceased if the client makes it known to Seahorse-International that he no longer wishes to receive any further newsletters.
The respective request is to be sent to ad@cb-eu.com.


9. Seahorse-International shall not be liable to Prospects. This exemption from liability is not valid:


a) for liability due to action with intent,
b) when the damage due to injury to life, body, health is caused by a negligent breach of duty by Seahorse Projects or an intended or grossly negligent breach of duty by a legal representative or vicarious agent,
c) if the damage by Seahorse-International has been grossly negligent or caused with intent or due to gross negligence by a legal representative or vicarious agent,
d) for the liability resulting from a breach of such contractual duties that are indispensable for achieving the objective of the contract (cardinal duties),
e) where Seahorse-International has assumed a warrantee for a certain characteristic,
f) for liability as laid down in the product liability act.


10. The legal relationship between Seahorse-International and the Prospect is defined according to the law of Spain.


C. Information for Consumers
1. Seahorse-AdministracionInternational S.L. (hereinafter named Seahorse-International), magistrate’s court is Denia, Registration No. commercially runs the online service.
The summonable address is:
Calle Denia 12, E - 03779 Els Poblets
Representative Manager is:


Andreas Decker


2. A contract shall be deemed as being closed between the Consumer and Seahorse-International when the Consumer clicks on the button “Book now” and Seahorse-International does not immediately refuse the booking from the Consumer, or Seahorse-International accepts the offer from the Consumer into its database.


3. With the booking of a product from Seahorse-International property can be immediately placed into the database. Upon making this booking the Consumer has placed an order with Seahorse-International.


4. Seahorse-International provides a warrantee according to the General Terms of Business of Seahorse-International.


D No liability
Seahorse-International accepts no liability for the correctness and completeness of the information to be found on this web site. Seahorse-International is not responsible for contents from external sites to which reference is made as part of this online offering.


Seahorse-International shall be excluded from liability for the contents of external sites.
Seahorse-International expressly reserves the right to alter, to supplement or to delete parts of the site or the whole offering of Seahorse-International without announcing such especially or to stop publishing such temporarily or permanently.


E Guarantee
Neither Seahorse-International nor their Sellers/Landlords can guarantee correctness.
News, articles and contributions are sometimes based on announcements from third parties and, in such a case, have been identified accordingly. Seahorse-International ensures that personal client data is treated with great care and is not passed on to third parties without the permission of the party(s) affected.
All rights reserved.
The reproduction or modification, completely or in part, is forbidden without written approval from Seahorse-International.


F Imprint
The online service is run and published by Seahorse-Administracion S.L. in E – 03779 Els Poblets


Seahorse-Administracion S.L.
Calle Denia 12
E – 03779 Els Poblets


Fax: 0034 966 475 807


Managing Director: Andreas Decker


G Changes in the General Terms of Business, Salvatorial clause
1. Seahorse-International reserves the right to alter these General Terms of Business at any time and without giving reasons. The altered provisions will be sent to the user 2 weeks before they take effect. If the user does not contest the validity of the new General Terms of Business within 2 weeks after receiving them then the altered Terms shall be taken as accepted
Seahorse-International shall point out especially to the user the significance of this 2 week period.


2. Should a provision of these General Terms of Business be or become invalid, this shall not affect the remaining provisions. The invalid provision shall be replaced by one that is as close to the invalid provision as possible in a legally effective way. The same is valid for any loopholes in the provisions.



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