You can download the B2B-AGB at any time here. To enhance the readability of the B2B-AGB, the use of additional formulations for female or diverse genders has been omitted. The use of the masculine form is to be understood as gender-neutral.
1. General Provisions, Scope of Application
- These General Terms and Conditions for Entrepreneurs (hereinafter “B2B-AGB”) in the version valid at the time of the collaboration apply to the entire business relationship between an entrepreneur (hereinafter “Provider”) and ChaseMyPlace Kft., Korányi Sándor utca 4. 4. ajtó, 1089 Budapest, Hungary (hereinafter “ChaseMyPlace”), with respect to the platform operated by ChaseMyPlace at www.chasemyplace.at (website and app; hereinafter “Platform”).
- ChaseMyPlace does not recognize deviating conditions of a Provider, and these do not become part of the contract unless ChaseMyPlace has expressly agreed to the deviating conditions in writing. For the requirement of written form, acceptance via electronic means (email) is sufficient.
- Providers are entrepreneurs within the meaning of the Austrian Commercial Code (UGB). An entrepreneur is anyone who operates a business. An entrepreneur is any natural or legal person or a legally capable partnership for whom the contract in question pertains to the operation of their business. A business is any organization established for ongoing independent economic activity, even if it is not profit-oriented. Companies under § 2 UGB are always considered entrepreneurs. For consumers (hereinafter “Consumers”) within the meaning of the Austrian Consumer Protection Act (KSchG), only the ChaseMyPlace Consumer-AGB apply.
2. ChaseMyPlace Services
- For offers, ChaseMyPlace will make available online via the internet exposés created based on the provided object data to interested parties. The selection of suitable interested parties and offers is at ChaseMyPlace’s discretion. ChaseMyPlace strives to adapt its services to current technological and market developments. ChaseMyPlace reserves the right to make changes to the agreed services, provided such changes do not impair the core services and are reasonable for the Provider, considering their interests. Such changes will be published on the website www.chasemyplace.at.
- If a user books products or services from ChaseMyPlace after registration, they may continue to view their exposés and related generated data in their customer area even after the contract ends. Deviating provisions, particularly regarding deletions, are possible under Section 3 of these B2B-AGB. Otherwise, Section 9 applies to personal data.
- Additionally, various related services (especially regarding real estate, financing, and relocation) are offered on the Platform, which are also subject to these AGBB unless otherwise agreed.
- If the use of software (e.g., brokerage software) is agreed with the Provider to simplify processes within the business relationship, ChaseMyPlace notes that such software solutions may be provided or licensed by third parties (e.g., “FlowFact”). The use of such third-party software is additionally subject to the separate terms of use set by the third party for their software. In such cases, ChaseMyPlace will provide these terms of use to the Provider; however, if the Provider wishes to use the third-party software and accepts the terms of use, a contract for the use of this software is concluded directly with the respective third party.
3. Provider Obligations and Information
- A Provider of real estate on www.chasemyplace.at undertakes to list only genuine property offers and to carefully and truthfully compile the information transmitted to ChaseMyPlace about the offer, deactivating it immediately if the offered property is no longer available (e.g., sold or reserved).
- The booking of a single listing applies exclusively to the initially listed dataset; exchanging or listing multiple properties in one offer is prohibited. A violation of this leads to the deactivation of the single listing without prior warning by ChaseMyPlace.
- For the publication of new-build or renovation projects offered for individual sale/rental for first use or commercial properties, only new-build project packages are designated. A new-build project is defined as properties whose turnover is at most three years ago. Excluded are new-build projects with fewer than four (4) residential units. Renovation projects are properties with at least four (4) residential units that are advertised or described as renovated. If new-build or renovation projects are published with other booked listing products, ChaseMyPlace is entitled to deactivate them.
- Furthermore, the Provider undertakes to offer only property offers that are part of their own marketing inventory or for which they have a marketing mandate. The resale of listing slots, quotas, or other services from ChaseMyPlace’s offer is expressly prohibited. Likewise, the use or co-use of accounts by third parties, especially other brokers or franchisees, is expressly prohibited. ChaseMyPlace has the right to request proof of the marketing mandate in case of suspected violations of the above obligations.
- The Provider is solely responsible for the content and accuracy of the provided data. They must truthfully specify all essential characteristics and features of the offered property. The Provider also undertakes not to transmit data or conduct communication with other users via the ChaseMyPlace Platform that infringes third-party rights (e.g., personality rights, name rights, trademark rights, copyrights) or violates existing laws. The Provider shall indemnify ChaseMyPlace against all claims made by third parties due to such violations, including the reimbursement of necessary legal representation costs.
- Offer designs solely intended to attract the attention of interested parties are considered misuse and will be deactivated or deleted by ChaseMyPlace without prior notice. Such offer designs include, for example:
- False and/or incorrect information about the location or address of the property;
- Offers misused as advertising space for the Provider or third parties (including images and offers unrelated to real estate, excessively overlaying the property with advertising, or not complying with ChaseMyPlace’s image listing requirements);
- Listing in an incorrect category; listing requests as offers; vague or incorrect information in the offer (e.g., incomplete offers, incorrect geographic assignments, or images not depicting the listed property); information not corresponding to the intended content of the respective input field or intended for another input field; listing properties or offers for which no category exists on the Platform;
- Multiple listings of the same property (including duplication of already listed properties) or re-publication of the same property shortly after deletion;
- Forwarding interested parties to paid services or telephone services beyond standard brokerage activities (especially 0190 or 0900 numbers);
- Property or contact details disclosed only after (paid) registration;
- Sale of a property without the necessary associated land or purchase price indication without (included) land price.
- Regardless of potential civil or criminal consequences for the individual Provider, non-compliance with any of the behavioral obligations listed in this section entitles ChaseMyPlace to immediately deactivate affected offers. If non-compliance persists despite a corresponding notice from ChaseMyPlace, ChaseMyPlace is further entitled to remove affected data, delete the offer, terminate the contract with the respective Provider without notice for good cause, and/or immediately block access to ChaseMyPlace’s database system.
- The Provider must immediately notify ChaseMyPlace in writing of changes to their name, address, email address, or the address/email address of another designated recipient. If the Provider fails to do so, declarations sent to the last known address are deemed received.
- If the Provider reports a problem with the use of the Platform and requests correction by ChaseMyPlace, the Provider is obliged to actively cooperate in resolving the issue, particularly by providing necessary information and performing any required actions.
- The Provider’s obligation to pay the agreed fee remains unaffected by the measures listed in this section.
- The Provider remains obliged to pay the contractually agreed fee even if, after contract conclusion, the necessary authorization to conduct their business is revoked for any reason or if it turns out that no such authorization existed at the time of contract conclusion.
4. Non-Transferability and Confidentiality
- The Provider’s rights under this contract are non-transferable.
- Furthermore, the Provider undertakes not to pass on their object data in the form technically prepared by ChaseMyPlace (exposé) to third parties (except interested parties).
5. Rights
- All rights (copyright, trademark, and other proprietary rights) to the database work, the database, and the contents, data, and other elements listed therein are exclusively held by ChaseMyPlace; any rights of the Provider to the content they have listed remain unaffected.
- Within the scope of these terms of use, the Provider has the right to display individual datasets on their screen using only the online search masks provided by ChaseMyPlace and to create a printout for permanent visibility.
- Automated queries via scripts, bots, crawlers, or similar, bypassing the search mask, using search software, or comparable measures (especially data mining, data extraction) are prohibited unless ChaseMyPlace permits this in writing to the Provider. Copyright notices or other proprietary notices on the website www.chasemyplace.at may not be altered. The Provider may not use the data obtained through queries, in whole or in part, (a) to build their own database in any media form, (b) for commercial data exploitation or information provision, or (c) for other commercial exploitation. Linking, integrating, or otherwise connecting the database or individual database elements with other databases or meta-databases is prohibited.
- By listing content in the database, the Provider grants ChaseMyPlace the right to use this content free of charge and without time limit for the purposes required for operating the ChaseMyPlace Platform, listing and maintaining in the database, and retrieval by third parties, particularly to store, reproduce, make available, transmit, publish, and make publicly accessible, including through or in the form of advertising materials of ChaseMyPlace or third parties (ChaseMyPlace’s cooperation partners). Furthermore, ChaseMyPlace is entitled, in compliance with data protection regulations, to use the content listed in the database for analysis, further development of the Platform, and product development and marketing for business purposes within the aforementioned scope. ChaseMyPlace is also entitled to edit the content, respecting the legitimate interests of the Provider, particularly if it does not meet the requirements of Section 3 of these AGB.
6. Use of Information Provided by ChaseMyPlace
- The Provider is obliged to use the information about inquiries provided due to the offer only in connection with the intended specific real estate transaction. Any disclosure of information to third parties or use of the information for other purposes is prohibited.
- Providers are prohibited from contacting consumers via the ChaseMyPlace Platform or using information obtained through the ChaseMyPlace Platform for marketing purposes, particularly regarding properties listed by consumers on the ChaseMyPlace Platform, without a legal basis (especially consent).
7. Explicit Notice for Commission Claims
Offers that involve a commission claim in the event of a transaction conclusion must explicitly state this in the offer, specifying the commission amount (gross, including applicable statutory VAT) and the commission recipient.
8. Sending Additional Information and Offers, Additional Offer Distribution
- ChaseMyPlace is entitled, but not obliged, to send Providers additional information or offers, particularly related to the intended sale or rental. The sending of such electronic information can be stopped at any time (including at the time of contract conclusion based on these AGB) by written notification via letter to the address specified in Section 13.
- ChaseMyPlace is entitled, but not obliged, to distribute listed offers free of charge for the Provider via websites, mobile apps, and software applications of cooperating real estate exchanges and other cooperation partners, as well as via social media channels online and through print collaborations. Providers can opt out of this additional distribution by notifying [email protected].
9. Data Storage, Data Protection, Data Access
- The Provider is aware that their data provided to ChaseMyPlace will be stored and processed by ChaseMyPlace for the purposes specified above and resulting from the individual Provider order. ChaseMyPlace will comply with relevant data protection regulations, particularly the EU GDPR and the Hungarian Data Protection Act (Act CXII of 2011 on Informational Freedom and Data Protection).
- Details regarding personal data provided or generated during registration, execution, and use of the ChaseMyPlace Platform and services, as well as the Provider’s access thereto pursuant to Article 9 of Regulation (EU) 2019/1150, are included in our data protection information at www.chasemyplace.at/datenschutz.
- ChaseMyPlace assumes no liability for unauthorized use by the Provider of data accessible via the ChaseMyPlace Platform. ChaseMyPlace is also not liable for actions or (data protection) obligations of third parties concerning personal data publicly accessible via the ChaseMyPlace Platform.
- Upon deletion of a dataset by a Provider, all object-related data of the listing will be irrevocably deleted.
10. Warranty, Liability
- Warranty claims against ChaseMyPlace are initially limited to improvement or replacement. ChaseMyPlace is entitled to refuse the chosen type of subsequent performance if it can only be carried out at disproportionate costs and if the other type of subsequent performance does not entail significant disadvantages for the customer. If improvement or replacement fails, the Provider has the right to a price reduction or withdrawal from the contract. Alternatively, the Provider may claim damages.
- ChaseMyPlace is fully liable under statutory provisions for personal injuries or damages under the Hungarian Product Liability Act, but for other damages only if caused by intentional or grossly negligent conduct by ChaseMyPlace or its agents. Otherwise, ChaseMyPlace’s liability for damage claims—regardless of the legal basis—is limited to typically foreseeable damages if ChaseMyPlace is liable for simple negligence resulting from the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment enables the proper execution of the contract and on whose compliance the client may rely.
- ChaseMyPlace is not liable for damages caused by operational disruptions (e.g., bomb threats), particularly due to force majeure, riots, war, natural events, or other events not attributable to ChaseMyPlace (e.g., strikes, lockouts, traffic disruptions, or governmental orders domestically or abroad).
- ChaseMyPlace does not guarantee the accuracy and completeness of the information and statements provided by Providers or the identity and integrity of Providers. The Provider is obliged to immediately correct or delete listed content if it violates these B2B-AGB or does not meet the legal requirements for such offers.
- Content listed in the database is considered third-party content for ChaseMyPlace. Legal responsibility for this content lies with the person who listed it in the database. ChaseMyPlace is not obliged to check, nor is it often capable of checking, whether listed content infringes third-party rights or violates legal provisions.
- ChaseMyPlace strives to ensure the best possible availability and usability of the database and its content. However, ChaseMyPlace does not warrant technical defects, particularly the constant and uninterrupted availability of the database and its content or the complete and error-free reproduction of content listed by the user in the database. Interruptions may occur, particularly during necessary maintenance work.
- If the Provider agrees with ChaseMyPlace to use third-party software under Section 2(4), the Provider must independently verify compatibility with their hardware and software. ChaseMyPlace does not guarantee that the software will function (flawlessly) with the Provider’s infrastructure; the manufacturer’s specifications apply. For data transmissions via the internet using such software, ChaseMyPlace assumes no liability for complete, correct, or timely data transfer. Such errors and other restrictions on contractual use are subject to the agreed terms of use for the software and must be enforced against the respective third-party provider.
- For domain registrations on behalf of the Provider, the current terms and conditions of the respective registration authority apply subsidiarily. In Hungary, this is ISZT (Internet Szolgáltatók Tanácsa).
- The Provider is not entitled to reproduce, modify, or transfer the software, databases, or similar to third parties, except for copies for archiving and data backup purposes, provided all copyright and proprietary notices remain unchanged.
11. Prices, Payment, Withholding of Performance
- The prices and products for individual ChaseMyPlace services are based on the prices and product offerings valid at the time of order placement. The price consists of the order value plus applicable statutory VAT.
- In the case of automatic contract term extensions, the fee for the extended contract term is determined by the product price list valid two weeks before the contract extension date. For automatic extensions of ongoing obligations, ChaseMyPlace reserves the right to adjust prices by up to 6% with each extension.
- If the contractually agreed maximum number of objects is exceeded, ChaseMyPlace will invoice the applicable object package based on the price list valid at that time for the respective product.
- The contract start date is determined by the date on the order form/contract. If the order form is received in the following month, the start date adjusts to the month of submission. The billing start remains unaffected.
- In the direct debit procedure, ChaseMyPlace will not debit the invoice amount before the second day after receipt of the invoice (= pre-notification) from the agreed account (= due date). Payments by invoice, credit card, instant transfer, or other payment methods except direct debit are due immediately upon receipt of the invoice. Invoices are sent via email or post. In case of payment default or deferral, statutory interest is charged. Costs incurred by ChaseMyPlace for debt collection or return debits will be passed on.
- In case of payment default, ChaseMyPlace reserves the right to withhold its contractual performance until the default is resolved. The Provider’s obligation to pay the fee during the withholding period remains unaffected.
- ChaseMyPlace reserves the right to expand or restrict the payment methods described in this section (including for individual products or services) at any time.
12. Complaint Management and Mediation
- ChaseMyPlace provides Providers with an internal system for handling complaints related to the use of the ChaseMyPlace Platform and services, accessible via the contact options listed at www.chasemyplace.at/kontakt. This complaint management system complies with the requirements of Article 11 of Regulation (EU) 2019/1150, and ChaseMyPlace will make relevant information pursuant to paragraph 4 of this regulation publicly and easily accessible to Providers at least once a year.
- ChaseMyPlace is willing to voluntarily settle disputes with a user out of court, cooperating with mediators whose contact details are listed at www.chasemyplace.at/impressum. This offer does not preclude legal recourse. Mediation may incur costs for both parties.
13. Termination
- The conditions under which the Provider may terminate the contractual relationship with ChaseMyPlace (particularly terms and notice periods) are specified in the contractual conditions agreed between the Provider and ChaseMyPlace for the respective product or service. The right to extraordinary termination in statutory cases remains unaffected for both parties.
- Terminations must be made in writing (by letter) to ChaseMyPlace Kft., Korányi Sándor utca 4. 4. ajtó, 1089 Budapest, Hungary.
14. Ranking and Sorting
- When a Platform user initiates a property search with specific parameters, a result list with exposés meeting these parameters is displayed in a so-called standard sorting. In standard sorting, exposés are shown in a specific area of the result list depending on the listing type booked by the Providers of the displayed exposés. Providers can thus influence the visibility of their exposés in the result list by booking specific ChaseMyPlace products (“listing type”). Users can also adjust the sorting of displayed exposés by setting sorting criteria. Currently, the result list can be sorted by criteria such as “price” or “area” in ascending or descending order.
- If a user selects a specific sorting, the results are arranged solely based on that criterion. ChaseMyPlace is entitled to change the sorting criteria and the display of the result list at any time.
15. Amendment of the B2B-AGB
- ChaseMyPlace reserves the right to amend these B2B-AGB at any time with a reasonable notice period of at least 15 days. The amendment will be announced by notifying the amended General Terms and Conditions on a durable medium (email), specifying the effective date of the changes. Otherwise, the requirements of Article 3, paragraphs 2 and 4 of Regulation (EU) 2019/1150 apply.
- The Provider is entitled to terminate the contract in writing within the above-mentioned period, effective upon the expiry of 15 days after receipt of the notification under Section 15(1), unless a shorter termination period applies to the contract. If the Provider does not terminate, the amended General Terms and Conditions are deemed accepted. The amendment notification will separately highlight the termination right and the significance of the period. In case of termination, the Provider remains obliged to pay for services provided by ChaseMyPlace under the respective contract until the termination takes effect.
- The Provider may waive the period under Section 15(1) at any time after receiving the notification. Listing new goods or services on the ChaseMyPlace Platform before the period under Section 15(1) expires is considered a clear confirmatory action of such a waiver, provided the period does not exceed 15 days.
16. Final Provisions
- Side agreements, amendments, or supplements to this contract require written form to be effective. The cancellation of the written form requirement also requires written form to be effective.
- In disputes between the Provider and ChaseMyPlace, Hungarian law applies exclusively, excluding all substantive and procedural legal norms that refer to another legal system. The provisions of the UN Sales Convention (CISG) are also excluded.
- The exclusive place of jurisdiction for disputes arising from or in connection with this contract is Budapest, Hungary, for both contracting parties.
- Should individual provisions of this contract be or become invalid, the validity of the contract as a whole remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions apply accordingly if the B2B-AGB prove to be incomplete.