Av. de Gran Canaria 50 - Monte Golf #64
35100 Maspalomas (San Bartolomé de Tirajana)
Phone: (+34)928 264 212
Mobile phone: (+34) 633 176 063
Tax number: CIF B42912881
Business owner: Jürgen Klein & Pierre-Luc Jodoin
CEO: Jürgen Klein
Consumer information: Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found here: https://ec.europa.eu/consumers/odr/
General Terms and Conditions (GTC)
§1 Prohibition of disclosure
All information, including the property certificates of Rose Immobilien S.L. (hereinafter referred to as the broker) is intended exclusively for the respective client. The customer is expressly forbidden to pass on the property records and property information to third parties without the express consent of the broker, which must be obtained in writing beforehand. If the customer violates this obligation and the third party or other persons to whom the third party has in turn passed on the information conclude the main contract, the customer is obliged to pay Rose Immobilien S.L. the commission agreed with him (5% of the purchase price plus VAT).
§2 Double activity
The broker may act for both the seller and the buyer.
§3 Owner information
The broker points out that the property information passed on by him originates from the seller or from a third party commissioned by the seller and has not been checked for accuracy by him, the broker. It is the client's responsibility to check this information for accuracy. The estate agent, who merely passes on this information, accepts no liability whatsoever for its accuracy.
§4 Broker's commission
Our claim to commission arises as soon as a main contract is concluded on the basis of our evidence or our brokerage. The entitlement to commission also arises if the contract is concluded under conditions that deviate from the offer. The broker's commission is due with the notarisation of the main contract.
§5 Limitation of liability
The broker's liability shall be limited to grossly negligent or wilful conduct, insofar as the customer does not suffer bodily injury or lose his life as a result of the broker's conduct.
§6 Prior knowledge
If the recipient is already aware of the opportunity for the conclusion of a contract proven by us, he/she must inform us of this immediately and, on request, also provide evidence. If this does not happen, our proof shall be deemed to be the cause of the purchase until proven otherwise.
§7 Written form
Verbal amendments to the contract require written confirmation by Rose Immobilien S.L. in order to be valid.
§8 Limitation
The limitation period for all claims for damages of the customer against Rose Immobilien S.L. is 3 years. It begins at the time when the act triggering the obligation to pay damages has been committed. Should the statutory limitation regulations in individual cases lead to a shorter limitation period for the broker, these shall apply.
§9 Place of jurisdiction:
If the broker and the customer are registered traders within the meaning of the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the registered office of the broker, Rose Immobilien S.L..
§10 Severability clause:
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if one part of a provision is invalid but another part is valid. The respective invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and otherwise does not conflict with the contractual agreements.
Privacy policy
The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:
Rose Immobilien S.L.
Avenida de Gran Canaria 50
35100 Maspalomas
Your data subject rights
You can exercise the following rights at any time using the contact details provided for our data protection officer:
Information about your data stored by us and its processing,
Correction of incorrect personal data,
deletion of your data stored by us,
Restriction of data processing if we are not yet allowed to delete your data due to legal obligations,
objection to the processing of your data by us, and
Data portability, provided you have consented to the data processing or have concluded a contract with us.
If you have given us consent, you can revoke this at any time with effect for the future.
You can lodge a complaint with the supervisory authority responsible for you at any time. Your competent supervisory authority depends on the federal state of your residence, your work or the alleged violation. A list of supervisory authorities (for the non-public sector) with address can be found at: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Purposes of data processing by the controller and third parties
We process your personal data only for the purposes stated in this privacy policy. Your personal data will not be transferred to third parties for purposes other than those stated. We will only disclose your personal data to third parties if:
you have given your express consent to this,
the processing is necessary for the performance of a contract with you,
processing is necessary to comply with a legal obligation,
the processing is necessary to protect legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data.
Deletion or blocking of data
We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here or as stipulated by the various storage periods provided for by law. After the respective purpose has ceased to exist or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.
Collection of general information when visiting our website
When you access our website, information of a general nature is automatically collected by means of a cookie. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your internet service provider and the like. This is exclusively information that does not allow any conclusions to be drawn about your person.
This information is technically necessary in order to correctly deliver the contents of web pages requested by you and is compulsory when using the Internet. In particular, it is processed for the following purposes:
Ensuring a smooth connection setup of the website,
Ensuring the smooth use of our website,
evaluating system security and stability, and
for other administrative purposes.
The processing of your personal data is based on our legitimate interest from the aforementioned data collection purposes. We do not use your data to draw conclusions about your person. Recipients of the data are only the responsible body and, if applicable, order processors.
Anonymous information of this kind may be statistically analysed by us in order to optimise our website and the technology behind it.
Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (hereinafter: Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: Browser add-on to deactivate Google Analytics.
In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on the link below. This will install an opt-out cookie on your device. This will prevent the collection by Google Analytics for this website and for this browser in the future, as long as the cookie remains installed in your browser. Click here to deactivate Google Analytic
Cookies
Like many other websites, we also use so-called "cookies". Cookies are small text files that are transferred from a website server to your hard drive. This automatically provides us with certain data such as your IP address, the browser you are using, your operating system and your connection to the Internet.
Cookies cannot be used to run programs or deliver viruses to a computer. The information contained in cookies allows us to facilitate your navigation and enable the correct display of our web pages.
Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.
Of course, you can also view our website without cookies. Internet browsers are regularly set to accept cookies. In general, you can deactivate the use of cookies at any time via your browser settings. Please use the help functions of your internet browser to find out how to change these settings. Please note that individual functions of our website may not work if you have deactivated the use of cookies.
Provision of chargeable services
In order to provide chargeable services, we request additional data, such as payment details, in order to process your order. We store this data in our systems until the statutory retention periods have expired.
SSL encryption
To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.
Contact form
If you contact us by e-mail or contact form regarding questions of any kind, you give us your voluntary consent for the purpose of contacting you. In order to do so, you must provide a valid e-mail address. This is used for the assignment of the enquiry and the subsequent response to it. The provision of further data is optional. The information you provide will be stored for the purpose of processing the enquiry and for possible follow-up questions. Once your enquiry has been dealt with, your personal data will be automatically deleted.
Change of our data protection regulations
We reserve the right to adapt this data protection declaration so that it always complies with the current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection statement will then apply to your next visit.
Questions to the data protection officer
If you have any questions about data protection, please write us an e-mail or contact the person responsible for data protection in our organisation directly:
Rose Immobilien S.L.
Jürgen Klein
Avenida de Gran Canaria 50
35100 Maspalomas
Users have the following legal right of revocation:
You can revoke your contractual declaration in written form (e.g. letter, fax, email) within 14 days without providing a reason. This period beings after receipt of these instructions in written form, but not before the contract has been concluded and also not before our information obligations have been fulfilled in accordance with Article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as our duties in accordance with § 312e para. 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the notice of revocation shall be deemed sufficient for compliance with the revocation period.
The revocation should be sent to:
Rose Immobilien S.L.
Av. de Gran Canaria 50 - Monte Golf #64
35100 Maspalomas (San Bartolomé de Tirajana)
Phone: (+34)928 264 212
Mobile phone: (+34) 633 176 063
E-mail: office@roseimmobilien.com
You may, but do not have to, use the enclosed sample cancellation form.
Consequences of Revocation
In the case of an effective revocation, the services received by both sides must be returned and any benefits received (e.g. interest) reimbursed. If it is not possible to return the service provided in part or in full or if it can only be returned in a deteriorated condition, then it is possible that you will have to provide compensation for loss of value. This could mean that you will have to fulfill the contractual payment obligations for the time period leading up to the revocation. Obligations for reimbursing payments must be fulfilled within 30 days. The period begins for you upon dispatch of the notice of revocation and for us upon receipt of the same.
Special note:
Your right of revocation will expire prematurely if the contract has been executed in full by both parties at your explicit request prior to your exercising your right of revocation.