Information about the Company: Pluvia d.o.o. za posredovanje u prometu nekretnina (Pluvia Ltd. for real estate brokerage), Dol, Ploča 23, limited liability company. PIN: 96122123882; Director: Tado Moškatelo; Account with: Privredna banka Zagreb, Branch Office Jelsa, Trg hrvatskog narodnog preporoda 11; Account number: HR182340009110479379
Pluvia d.o.o. (hereinafter: Broker), pursuant to the Real Estate Brokerage Act, on 1 April 2013, hereby adopts the following amended GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
General Terms and Conditions regulate the business relationship between a real estate brokerage agency and a Principal (natural or legal person).
By concluding a brokerage agreement, the Principal confirms to be familiar with and consents to the provisions of these Terms and Conditions.
General Terms and Conditions are published on the website www.hvarestatescroatia.com.
2. GENERAL TERMS OF AGREEMENT
General Terms of Agreement are terms formulated for a large number of agreements that one party (drafter) proposes to the other party before or at the time of concluding the agreement, whether they are included in a form agreement (standard agreement) or referred to in the agreement.
These General Terms and Conditions regulate the conditions for carrying out the activity of real estate brokerage, concluding real estate brokerage agreements, regulate the rights and obligations of the Broker and contracting parties in real estate transactions, brokerage fee, as well as the rights and obligations upon brokerage agreement termination.
Expressions used in these General Terms and Conditions
Certain expressions used in these General Terms and Conditions are stipulated in the Civil Obligations Act and have the following meaning:
1. Real estate broker is an authorized company, sole trader or craftsman that meets the requirements to carry out activities of brokerage in property transactions.
2. Brokerage in property transactions includes activities performed by brokers, such as connecting principals with third persons, negotiating and preparing the conclusion of legal transactions regarding a particular real estate, especially its purchase, sale, exchange, lease, renting, etc.
3. Items of real estate are land plots, together with all that is permanently attached to them, whether on the surface or beneath it, in accordance with the provisions of a general regulation on ownership and other real rights.
4. Principal is a natural or legal person that concludes a written brokerage agreement with a Broker (seller, buyer, lessor, lessee, owner, renter and other possible parties in property transactions).
5. Third party is a person whom the real estate broker seeks to connect with the principal to negotiate the conclusion of a legal transaction regarding a particular item of real estate.
3. REAL ESTATE BROKERAGE AGREEMENT
(1) At the beginning of every property viewing, the Broker shall request the party to sign a Real Estate Brokerage Agreement. Sample Agreement can be viewed on the following link: xxxxxxxxxxxxxxxxxxxxx
(2) By signing a Real Estate Brokerage Agreement, the Broker undertakes to try to find and connect with the Principal a person willing to negotiate on and conclude a legal transaction concerning the transfer or establishment of a certain right on the real estate, and the Principal undertakes to pay a Brokerage Fee to the Broker if such legal transaction is concluded.
(3) Real Estate Brokerage Agreement is concluded in writing and, as a rule, for an unlimited period of time, unless the Parties agree on a fixed term of agreement.
(4) Where a Party wishes to terminate the Brokerage Agreement, it is obligated to notify the other Party thereof in writing.
(5) Unless otherwise stipulated in these General Terms and Conditions, obligations of the Broker and the Principal shall be governed by the provisions of the Civil Obligations Act.
(6) The Agreement concluded between the Broker and the Principal must in particular contain information on the Broker, the Principal, the type and substance of the transaction for which the Broker provides brokerage services, brokerage fee and possible additional costs incurred when the Broker, based on an arrangement with the Principal, provides other services for the Principal related to the transaction which is the subject of brokerage.
(7) Real Estate Brokerage Agreement may contain other information related to the transaction being brokered (e.g. fixed time limits and terms of Brokerage Fee payment, information on liability insurance, terms of security for Brokerage Fee payment, etc.).
(1) By means of a Brokerage Agreement, the Principal may undertake not to hire any other broker for the deal being brokered (brokerage exclusivity). That obligation must be expressly stated in the Agreement.
(2) Should the Principal conclude a legal transaction through another broker during the term of the Exclusive Brokerage Agreement, for which transaction the Exclusive Broker had already been a mandate to broker, the Principal shall reimburse the Broker for all the actual costs he incurred during brokerage. If the amount of the Brokerage Fee is not specified in the Agreement, the Principal shall reimburse the Broker for any actual costs incurred during brokerage, the amount of which cannot exceed the amount of the Brokerage Fee for the brokered transaction.
(3) When concluding an Exclusive Brokerage Agreement, the Broker must warn the Principal of the meaning and legal consequences of such clause.
4. PROPERTY OFFERING
(1) Our offer is based on information we receive in writing and verbally from the Principal. There is a possibility of an error in the property description and price, as well as a possibility that the advertised property has already been sold, rented, or that its owner has given up on the sale.
(2) The Agency reserves the right to errors in the description and/or the price of the property, as well as to the possibility that the advertised property has already been sold, rented, and/or that its owner has given up on the sale.
(3) The Agency is not liable for any mistakes and/or grossly negligent behaviour of the seller. The Broker is not liable for any oversights or damage caused by limitations or hidden defects of the property that the Principal has been aware of or had to have been aware of, but has failed to inform the Broker thereof.
(4) During the real estate purchase process, conclusion of the main agreement may be preceded by the conclusion of a preliminary agreement. Preliminary Real Estate Purchase Agreement is an agreement whereby the parties assume the obligation to enter into another, main Agreement at a later date. Such preliminary agreement must contain all the information necessary to describe the property, as well as the purchase price. At the time of conclusion of the preliminary agreement, a down payment is made (initial portion of the total amount due, paid by the buyer to the seller as a sign that an agreement has been concluded). Registration of ownership cannot be made based on a preliminary agreement.
5. PROPERTY PRICE
Prices of properties are indicated in EUR and payable in HRK countervalue, at an exchange rate agreed upon by the parties. In case the exchange rate is not defined in the Agreement, the selling exchange rate of the Croatian National Bank shall apply.
The Broker is not liable for mistakes and/or grossly negligent behaviour of the Principal, especially in case the Principal provides any untrue, incorrect and untimely information, or withholds true, correct and up-to-date information about the property or conditions and subject of brokerage.
7. ACCEPTING FULFILMENT
(1) Brokerage mandate does not authorise the Broker to accept, on behalf of the Principal, the fulfilment of the obligation arising under an agreement entered into as a result of through his brokerage.
(2) For that, a special written Power of Attorney is required.
(3) In exceptional cases, the Broker may conclude a legal transaction of purchase on behalf and for the account of the Principal, but only if the Principal has executed a special Power of Attorney for that purpose.
The Principal shall not be obligated to enter into contract negotiations with a person found by the Broker, nor to conclude an agreement with them under the conditions he communicated to the Broker, but he shall be liable for damage if he acts contrary to the principle of good faith and fair dealing.
8.1 Obligations of the Broker
By concluding a Real Estate Brokerage Agreement, the Broker undertakes to perform, in particular, the following:
(1) attempt to find a third party and connect such party with the Principal for the purpose of concluding an agreement,
(2) inform the Principal on the average market price of similar properties,
(3) inspect documents proving ownership or other real rights over the relevant property and inform the Principal of the following:
– any obvious defects and possible risks regarding any status issues of the property in the Land Registry,
– any real rights or any other rights of third parties registered as regards the property,
– any legal consequences of not fulfilling the obligations towards the third party,
– any circumstances related to mandatory pre-emption rights and limitations in legal transactions in accordance with special regulations.
(4) perform all actions necessary for the property to be presented on the real estate market, advertise it in an appropriate manner and perform all other activities defined in the Real Estate Brokerage Agreement which exceed the usual presentation and which entitle him to special, pre-defined expenses,
(5) organise property viewing,
(6) broker negotiations and strive to achieve the conclusion of an agreement,
(7) keep the Principal’s personal data confidential and, at the Principal’s written request, keep all information about the relevant property, relating to the property or to the deal being brokered as business secret.
(8) if the subject matter of the agreement to be concluded is a land plot, check the intended purpose of the plot in accordance with the relevant regulations on spatial planning,
(9) inform the Principal of all the circumstances important for the intended transaction, of which he is aware or ought to be aware.
8.2 Obligations of the Principal
(1) By concluding the Real Estate Brokerage Agreement, the Principal undertakes to perform, in particular, the following:
1. Inform the Broker of all the circumstances important for performing brokerage activities, provide accurate information about the property, provide to the Broker (if possible) the location, building and use permits to inspect them, or any other documents proving the legality of the property representing the subject matter of the agreement and also provide proof to the Broker that all the obligations towards a third party have been met,
2. Present proof of ownership or of other real right over the subject property and inform the Broker of any existing liens, whether registered or unregistered, on the property,
3. Enable the Broker and the third party interested in closing the deal being brokered to view the property,
4. Inform the Broker of all the important information regarding the subject property, especially its description and price,
5. Unless stated otherwise in the Agreement, pay the agreed Brokerage Fee upon the conclusion of the brokered legal transaction or conclusion of the Preliminary Agreement binding him to conclude the legal transaction – if the Broker and the Principal agreed on the Broker being entitled to the Brokerage Fee upon concluding a Preliminary Agreement,
6. If expressly stated in the Agreement, reimburse the Broker for any costs incurred during brokerage which exceed standard brokerage costs,
7. Provide the Broker with a written notice on any changes regarding the transaction for which he authorized the Broker, especially changes related to ownership of the property.
(2) The Principal shall not be obligated to enter into contract negotiations with a third party found by the Broker, nor to conclude a legal transaction and any clause of the Agreement stipulating otherwise shall be considered null and void.
(3) The Principal shall be liable for damage if he acts contrary to the principle of good faith and fair dealing and he shall be obligated to cover all the costs incurred during the brokerage process, which costs shall not exceed the Brokerage Fee for the brokered deal.
(4) The Brokerage Fee does not include the cost of legal assistance for conclusion of the Sale Agreement and for drawing up registration proposals, nor costs of court and notary fees payable for said legal tasks.
(5) In the event property viewing takes place outside of Split-Dalmatia County or on the islands, all travel expenses shall be borne by the Principal.
9. WHEN THE BROKER ACQUIRES THE RIGHT TO COMMISSION
(1) The Broker is entitled to commission even when it is not specified in the Agreement.
(2) If the amount of commission is not specified by a tariff or by any other general act, agreement or custom, it shall be determined by the Court in accordance with the Broker’s efforts and services provided.
(3) Brokerage Fee payable by the buyer for real estate brokerage services usually amounts to 3% + VAT. However, Brokerage Fee primarily depends on the Brokerage Agreement between the Broker and the Buyer, so its amount may be higher or lower than the one above-mentioned. Furthermore, the Agency reserves the right to charge the Seller with the Brokerage Fee as well, in accordance with the Croatian Real Estate Brokerage Act, if the Seller agrees to pay it.
(4) Should the Principal himself offer to the Broker a fee higher than the one agreed upon, the Broker may accept it, provided that such fee is not obviously disproportionate to the services rendered, results achieved and the Principal’s financial situation.
(1) The Broker acquires the right to commission when two cumulative conditions are met:
– at the moment of conclusion of a preliminary purchase agreement, final purchase agreement, or some other legal transaction which will undoubtedly result in change of ownership (e.g. transfer of business shares),
– upon payment of any portion of the purchase price or the agreed fee to the Seller (e.g. total price, down payment, first instalment of the purchase price).
(2) The Broker shall be entitled to Brokerage Fee even if the brokered transaction referred to in paragraph 1 is concluded between a third person – with whom the Principal was connected by the Broker – and the Principal’s spouse, partner, lineal kin, collateral kin up to the 2nd degree, or another close person (attorney, employee or associate).
(3) The Broker shall be entitled to the Brokerage Fee even if the brokered legal transaction referred to in paragraph 1 is concluded by a company if such company has been established by the Principal or any of the persons referred to in paragraph 2, or if the Principal and any of the persons referred to in paragraph 2 together hold over 50% (fifty percent) of ownership shares (business shares, stocks, etc.).
(4) Where the Agreement is concluded under a condition subsequent, meeting the condition shall have no bearings on the Broker’s right to commission.
(5) In case of invalidity of the Agreement, the Broker is entitled to commission if the cause of invalidity was unknown to him.
10. CANCELLING BROKERAGE AGREEMENT
(1) Brokerage agreement ceases through cancellation or termination by either Party, of which the terminating Party shall inform the other Party in writing.
(2) The Principal shall reimburse the Broker for any incurred costs that were previously specifically defined as the costs to be paid separately by the Principal.
(3) If, within no more than 2 years after termination of the Agreement, the Principal concludes a legal transaction that is predominantly the result of the Broker’s actions undertaken prior to such termination, the Principal shall pay the full Brokerage Fee to the Broker.
(4) Provisions of paragraphs 2 and 3 of this Article also pertain to termination of Exclusive Brokerage Agreement.
11. FINAL PROVISIONS
(1) Any matters between the Broker and the Principal that are not regulated by these General Terms and Conditions or by Exclusive Brokerage Agreement shall be indirectly governed by the provisions of the Real Estate Brokerage Act, or, in case such matters still remain unregulated, by the provisions of the Civil Obligations Act.
(2) Provisions of these General Terms and Conditions shall be adequately applied to any contractual relationships established before the entry into force of the General Terms and Conditions, and not yet terminated as such.
(3) For any disputes arising from or in connection with this Agreement the court of subject-matter jurisdiction in Stari Grad shall be locally competent.
12. AMENDMENTS RELATED TO COMPLIANCE WITH THE GDPR
Pluvia d.o.o. is committed to safeguarding your privacy. Contact us if you have any questions or problems related to the use of your personal data and we will be happy to help you.
Article 19 – Definitions
(1) Personal data – any information pertaining to an identified or identifiable natural person.
(2) Processing – any operation or set of operations which is performed on personal data or on sets of personal data.
(3) Data subject – natural person whose personal data is being processed.
(4) Child – natural person under 16 years of age.
(5) We/us (either capitalized or not)
Article 20 – Principles of data protection
We promise to comply with the following principles of data protection:
– Processing is lawful, fair and transparent. Our processing activities are based on lawful grounds. Prior to processing personal data, we always consider your rights. Upon your request, we will provide you with processing-related information.
– Processing is limited to its relevant purpose. Our processing activities are in accordance with the purpose for which personal data has been collected.
– Processing is done using minimal amount of data. We collect and process only the minimal amount of your personal data necessary in relation to the purposes for which they are required.
– Processing is limited by a time period. We will not store your personal data for longer than needed.
– We will do everything to ensure data accuracy.
– We will do everything to ensure data integrity and confidentiality.
Article 21 – Rights of Data subjects
Data subject has the following rights:
(1) Right to information – means that you have the right to know whether or not your personal data is being processed, which data is collected, where it is obtained form and why, and who processes them.
(2) Right to access – means that you have the right to access the data collected about you and from you. This includes the right to request and obtain a copy of all your collected personal data.
(3) Right to rectification – means that you have the right to request rectification or erasure of your inaccurate or incomplete personal data.
(4) Right to erasure – means that you may request erasure of your personal data from our files under special circumstances.
(5) Right to restriction of processing – means that you have the right to restrict the processing of your personal data where certain conditions are met.
(6) Right to object to processing – means that you have the right to object to processing of your personal data in certain cases, for example in case of direct marketing.
(7) Right to object to automated processing – means that you have the right to object to automated processing, including profiling, and the right not to be the subject of a decision based exclusively on automated processing. You may exercise this right whenever there is an outcome of the profiling that produces legal effects concerning you or partially pertaining to you.
(8) Right to data portability – you have the right to obtain your personal data in a readable format or, if possible, as a direct transfer from one processor to another.
(9) Right to lodge a complaint – in case your request is denied under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the manner your request has been handled, please contact us.
(10) Right to the help of the supervisory authority – means that you have the right to request the help of a supervisory authority and the right to other legal remedies, such as claiming damages.
(11) Right to withdraw consent – you have the right to withdraw any consent to personal data processing.
Article 22 – Data we collect
(1) Information you have provided us with – This can be your e-mail address, first and last name, billing address, home address, phone number, etc. – mostly information required in order for us to deliver a product/service to you or to improve your user experience. We retain information so that you can leave comments or perform other activities on the website. This information includes your first and last name, e-mail address and phone number.
(2) Information automatically collected about you – This includes information automatically stored in the form of cookies or other session tools. For example, information about your shopping cart, your IP address, your shopping history (if any), etc. We use this information to improve user experience. When you use or look at our website content, your activities must be logged.
(3) Publicly available information – We may collect information about you that is publicly available.
Article 23 – How we use your personal data
(1) We use your personal data with the aim to:
– provide our services. This includes registering your order; providing other products and services that you have requested; providing promotional items at your request and communicating with you in relation to them; communicating and interacting with you; informing you of changes of any services.
– improve you user experience;
– fulfil our obligations under law or agreement.
(2) We use your personal data on legitimate grounds and/or with your consent. On the grounds of agreement conclusion or fulfilling contractual obligations, we process your data for the following purposes:
– to identify you;
– to provide a service or to send/offer you a product;
– to communicate with you regarding sale or invoicing.
(3) On the grounds of legitimate interest, we process your data for the following purposes:
– to send you personalized offers* (from us and/or from our carefully selected partners);
– to administer and analyse our client base (consumer behaviour and habits) with the aim of improving the quality, diversity and availability of products/services we offer/provide;
– to conduct surveys about client satisfaction.
(4) We try to offer you products/services that are similar or the same as the ones in your purchase/search history, unless informed otherwise. With your consent, we process your personal data for the following purposes:
– to send you newsletters and campaign offers (from us and/or from our carefully selected partners);
– for other purposes for which we requested your consent.
(5) We process your personal data to fulfil the obligations stipulated by law and/or we use your personal data for options defined by law. We reserve the right of anonymity of collected personal data and the use of such data. Data will be used for purposes other the ones listed in the Rules only when they are anonymous. We keep your billing information and other information collected about you for as long as that is necessary for accounting purposes or other obligations stipulated by law, but not longer.
(6) We may process your personal data for additional purposes, but those that are in accordance with the original purpose for which data was collected. In order to do so, we ensure that:
– the link between the purpose, context and nature of personal data is suitable for further processing;
– further processing will in no way harm your interests and
– there is always an appropriate safeguard for processing.
We will inform you of further processing and its purpose.
Article 24 – Who can access your personal data
We do not share your personal data with any unknown persons. We disclose your personal data to third parties or civil servants when we are legally obligated to do so. We may disclose your personal data to third parties if you have given your consent or if there are legal grounds for doing so.
Article 25 – How we protect your personal data
We are doing our best to protect your personal data. We use safety protocols for data communication and transfer (such as HTTPS). We use anonymity and pseudonyms, where applicable. We monitor our systems for potential vulnerabilities and attacks.
Even though we are doing our best, we cannot guarantee complete data security. However, we promise to notify the competent authorities in case of any data breach. We will also notify you in case of any threats to your rights or interests. We will do everything within reason to prevent safety breaches and assists the competent authorities in case such breaches do happen.
If you have a registered account on our website, please remember that you need to have a secret user name and password.
Children: We do not intend to collect or find out information about children. Children are not targeted by our services.
Article 26 – Cookies and other technologies we use
(2) A cookie is a small text document stored in your computer. Cookies store information which help website performance. We are the only ones who have access to our website cookies. You can control your cookies in your web browser. The choice to disable cookies may hinder the use of certain functions.
– Necessary cookies – these cookies are necessary for you to use important features of our website, such as login. These cookies do not collect any personal data.
– Functional cookies – these cookies provide functionality and enable personalized functions. For example, they can memorize your e-mail address in forms so you do not have to enter such information next time.
– Analytical cookies – we use these cookies to track the use and performance of our website and services.
– Advertising cookies – these cookies enable showing ads that are relevant to your interests. They are also used to limit the number of times you have seen a certain advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies memorize that you have visited the website and that information is shared with third parties, such as advertisers. Targeting or advertising cookies are often linked to the functionality of the website and they are provided by third parties.
(4) You can clear cookies from your computer by adjusting settings in your web browser. As an alternative, you can control third-party cookies by using platforms for improving privacy, such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, please visit allaboutcookies.org.
(5) We use Google Analytics to measure website traffic. You can read Google’s Privacy Rules here. If you want to stop following Google Analytics, visit Google Analytics opt-out website.
Person in charge of data protection: firstname.lastname@example.org