Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all services of NEST Agentur für Leerstandsmanagement GmbH (hereinafter “NEST”) towards its clients, in particular for consulting, brokerage and the organisation of interim and subsequent use of vacant properties.

2. Services

NEST provides services in the field of vacancy management. The specific scope of services results from the respective quotation or contract. NEST endeavours to find suitable users for vacant properties; unless expressly agreed, no specific brokerage result is owed.

3. Conclusion of contract

Quotations by NEST are subject to change. A contract is concluded only upon written order confirmation or actual provision of the service.

4. Fee and payment

Unless otherwise agreed, the fee is based on the respective quotation. Brokerage commissions become due only upon successful brokerage and on the basis of a separate agreement. Unless stated otherwise, all amounts are net amounts plus statutory VAT. Invoices are due for payment within the stated period.

5. Obligations of clients

Clients undertake to provide NEST with all information and documents required for the provision of services in good time and in full, and to inform NEST of relevant circumstances (e.g. existing lease or usage agreements).

6. Liability

NEST is liable for damages only in cases of intent or gross negligence, unless mandatory law provides for more extensive liability. Liability for slight negligence, indirect damages, lost profits and consequential damages is excluded to the extent permitted by law. NEST assumes no liability for the content and actions of users of the brokered properties.

7. Copyright and rights of use

Concepts, texts and documents created by NEST remain the intellectual property of NEST. Passing them on to third parties requires NEST’s consent.

8. Data protection

Personal data is processed in accordance with the GDPR; details are governed by the privacy policy.

9. Applicable law and place of jurisdiction

Austrian law applies, excluding the reference rules of the IPRG. To the extent permitted by law, the place of jurisdiction is Vienna. Mandatory consumer protection provisions remain unaffected.

10. Final provisions

Amendments and supplements require the written form. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.