pursuant to the provisions of Sections 1811 (2) and 1820 (1) of Act No. 89/2012 Coll., the Civil Code,
as amended („the Civil Code“)
The company Y&T Luxury Property Prague Czech Republic s.r.o., with its registered office at Maiselova 59/5, 110 00 Prague 1 – Josefov, ID No.: 290 55 113, registered in the commercial register maintained by the Municipal Court in Prague under file No.: C 163300, website: www.luxusni-bydleni-praha.com („Y&T“);
hereby as the broker and the intermediary advises each individual potential client of Y&T in the position of a consumer within the meaning of the provisions of Section 419 of the Civil Code („the Client“), who is interested to conclude the intermediary agreement regarding real property („the Intermediary agreement“), as follows:
- The Intermediary agreement is subject to the regime of Act No. 39/2020 Coll., on real estate brokerage („the Real Estate Brokerage Act“) and is further governed by the Civil Code.
- The subject of the service offered by Y&T to the Client is Y&T's obligation to carry out activities enabling the Client to conclude a contract according to the relevant agreement of the contracting parties the subject matter of which shall be the following:
- real property sale or purchase, or
- real property lease or sublease, or
- sale or purchase of a business share in the company to which the ownership to the real property belongs, or
- paid transfer of a cooperative share in a housing cooperative to which the tenancy right to the real property or apartment belongs.
- The Client's rights arising from any defective services performed by Y&T, as well as the terms of such rights, are governed by the provisions of Section 1914 et seq. of the Civil Code, especially the provisions of Sections 1915 to 1916 in conjunction with the provisions of Sections 1921 to 1925 of the Civil Code.
- The Client is entitled to file a complaint against Y&T, by a written notice sent to the address of Y&T's registered office, in which the Client indicates the specific defect in the performance provided and further indicates the right that the Client asserts with this complaint, all that immediately after the discovery of such defect. In the case of minor defects, the Client may claim a price discount, completion of the service performance or repair of the defect. If the defect cannot be rectified, the Client may request withdrawal from the Intermediary agreement or a price discount.
- The subject of the mediation shall be offered at the agreed bid price in accordance with the Intermediary agreement.
- According to the agreement between the Client and Y&T, the Intermediary Agreement may be concluded for a definite or indefinite period (“the Term“).
- In the event that the Intermediary agreement with a consumer is concluded for an indefinite Term, the Intermediary agreement may be unilaterally terminated by a written notice of any of its contractual parties with a notice period of 1 month, starting from the day following its delivery to the address of the other contractual party specified in the Intermediary agreement. In the event that the Intermediary agreement for an indefinite Term is concluded with a person who is not a consumer, the termination of the Intermediary agreement is governed by the relevant provisions of the Civil Code.
- The Intermediary agreement concluded for a definite Term shall terminate upon the expiry of the Term. In the Intermediary agreement, the automatic prolongation of a definite Term may be agreed with the Client, including the possibility of its repeated prolongation. In such a case, the Term of the Intermediary agreement shall be extended by the originally agreed Term unless at least one of the contractual parties of the Intermediary agreement delivers a written notice stating disinterest in further extension of the Term to the other contractual party at the address specified in the Intermediary agreement, at least 20 days before the expiration of the Term (even if extended before).
- The price of the Y&T service is agreed as the commission („the Commission“) in the amount according to the individual agreement with the Client. The amount of the Commission in the case of sales mediation shall be determined by a percentage or otherwise determined proportional amount derived from the realized purchase price of the object of mediation, or by a specific fixed lump sum agreed in the Intermediary agreement. In the case of lease mediation, unless otherwise expressly agreed with the Client in the Intermediary agreement, the amount of the Commission is determined by a fixed amount corresponding to 1 month's rent for the lease of the object of mediation. Y&T hereby informs the Client, in accordance with the provisions of Section 12, Paragraph 3 of the Real Estate Brokerage Act, that in case of lease mediation Y&T is entitled to apply the Commission both to the Client on the part of the lessee and also to the Client on the part of the lessor.
- VAT in the legal amount will always be added to the amount of the Commission. The current VAT rate is 21% of the tax base corresponding to the Commission.
- All Y&T costs associated with agreed services under the Intermediary agreement are included in the agreed Commission, unless otherwise agreed in the Intermediary agreement with the Client.
- In the event that the Intermediary agreement is concluded with the Client off the customary business premises of Y&T, Y&T hereby advises the following special instructions to the Client in accordance with the provisions of Section 1828, Paragraph 2 of the Civil Code:
- The Client has the right to withdraw from the Intermediary agreement without giving a reason, within 14 days from the day following its conclusion, if the Intermediary agreement was concluded off the customary business premises of Y&T. For the purposes of exercising this right to withdraw from the Intermediary agreement, the Client has to inform Y&T in the form of a clear unilateral written statement made by the Client (containing the Client´s name and surname, or business name/name, address of residence/registered office and possibly other contact details) sent to Y&T at its registered office address. In order to comply with the deadline for withdrawing from the Intermediary agreement, it is sufficient to send such written notification of the right to withdraw from the Intermediary agreement before the expiry of this deadline.
- Pursuant to Section 1837 of the Civil Code, Y&T also expressly informs the Client that the Client does not have the right to withdraw from the Intermediary agreement under the above-mentioned conditions, if the Client has requested that the provision of Y&T services shall begin already during this withdrawal period from the Intermediary agreement and Y&T not later than the day before dispatch the notice of withdrawal has already mediated to the Client a person interested in buying/selling, or lease of relevant real property under the conditions set out in the Intermediary Agreement. In such a case, the withdrawal sent by the Client will not be accepted and taken into account, regardless of whether the Client already been informed about the mediated person by Y&T.
- The Client has the right to use the following sample form for the Intermediary agreement withdrawal:
SAMPLE FORM FOR THE WITHDRAWAL FROM THE INTERMEDIARY AGREEMENT
Notice of withdrawal from the Intermediary agreement
Y&T Luxury Property Prague Czech Republic s.r.o.
with its registered office at Maiselova 59/5, 110 00 Prague 1 - Josefov
I hereby give notice that I withdraw from the Intermediary agreement concluded on………. relating to the following property: ……………………………., located in cadastral area of …………………………… .
Your name and surname: …
Your address: …
- If the Client consider that upon performance of the services by the Y&T there has been a violation of Client´s legal consumer rights by Y&T, the Client has the right to file a complaint with the Czech Commercial Inspectorate or to the competent municipal trade office of Y&T. Other rights of the Client are governed by Act No. 634/1992 Coll., on consumer protection, as amended. At the same time, the Client has the right to an extrajudicial settlement of any consumer disputes. Summary information on this issue is available on the website of the Czech Commercial Inspectorate: www.coi.cz. All proposals of the Client in consumer disputes between Y&T and the Client shall be sent to:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
110 00 Praha
- The Y&T personal data processing and protection policy is published on the Y&T website at:https://www.luxusni-bydleni-praha.com/en/information-processing-personal-data
Y&T Luxury Property Prague Czech Republic s.r.o.