Terms & Conditions
Business Terms and Conditions
These terms and conditions constitute business terms and conditions (hereinafter “BTC”) of Expat experts s.r.o, with its registered seat at Štúrova 11 in Bratislava, company ID: 47 051 639, registered in the Commercial Register of District Court Bratislava, section: Sro, file No. 88162/B, based on which the company provides its services.
I.
General Provisions
BTC constitute an inseparable part of all contracts and contractual relationships with the real estate agency’s clients and third parties (interested parties). BTC apply to all concluded business transactions, unless they are modified or excluded explicitly for the given (particular) transaction. A client is any natural person or legal entity, to which the real estate agency provides real estate services based on a written intermediation contract. The subject matter of BTC are offered real estate services and products of the real estate agency, arrangement of mutual relationships between the real estate agency and its contractual partners, withdrawal from the contract and determination of liability for damage. Legal relationships between the contractual parties not explicitly regulated by BTC shall be governed by the law of the Slovak Republic, especially the relevant provisions of the Commercial or Civil Code, as amended, depending on whether the contractual party is a business or non-business entity.
Expat experts s.r.o is only an intermediary and our website serves as a contact point for all those who offer available properties and who look for available properties. Expat experts s.r.o. is neither a less or nor an owner of properties. Each lease or sale shall be defined by a contract concluded between the less or and the lessee/the purchaser and the seller and the responsibility for the content and conclusion of the lease or purchase contract shall be borne solely by the less or and the lessee/the purchaser and the seller. Expat experts s.r.o. participates in negotiations about the lease/purchase contract only as a property lease/sale intermediary and bears no responsibility for the content of the contract, its conclusion or its performance by the contractual parties. Expat experts s.r.o. bears no responsibility for any disputes, which might arise based on these contracts.
The lessee/purchaser acknowledges and agrees that Expat experts s.r.o publishes available information, which it to the best of its knowledge considers available at the time of their website publication and matching the published description, and it tries to keep the information published on its website as accurate as possible; however, it does not guarantee that the property, to which the lessee moves, will match exactly the picture or description shown on the website. Given the nature of the market with realties for lease and sale, some offers may be no longer available or the terms and conditions of the lease/sale may change (price, furnishings).The lessee acknowledges and agrees explicitly with the fact that Expat experts s.r.o relies solely on the information about properties shown on the website provided by property owners and provides no guarantee for the accuracy of descriptions of properties, which appear on its website. All information about properties on the website come from sources which the company considers reliable, and the photographs, descriptions and information about these properties correspond with the situation when the photograph was taken or delivered to Expat experts s.r.o.
II.
Scope of Activities of the Real Estate Agency
The real estate agency Expat experts s.r.o. performs intermediation activities for a client who shows interest in intermediation of purchase, sale or lease of a property. By the intermediation contract, the real estate agency undertakes to provide the client with an opportunity to conclude the purchase or lease contract and the client undertakes to pay the agreed fee to the real estate agency. The intermediation contract concluded with a person – non-entrepreneur shall be governed by provisions of Article 774 et seq. of the Civil Code, as amended. The intermediation contract concluded with a person or legal entity – entrepreneur shall be governed by provisions of Article 642 et seq. of the Commercial Code. Rights and obligations of the contractual parties that are not regulated explicitly in the intermediation contract shall be governed by provisions of the relevant legal regulations.
III.
Intermediary’s Fee
If long-term lease/rental (12 and more months) is intermediated, the common intermediary’s fee amounts to actually agreed one month’s rent if such lease is intermediated for a period of less than 5 years. If the lease is intermediated for a period longer than 5 years, the common intermediary’s fee amounts to actually agreed two months’ rent.
The lease of a property is reserved by paying the reservation fee amounting to one month’s rent. After the intermediation of the lease opportunity, the above reservation fee becomes a commission for the intermediation of the lease, which Expat experts s.r.o. keeps as a fee for the intermediation of the lease opportunity.
If short-term lease/rental is intermediated (less than 12 months), the common intermediary’s fee amounts to 15% of total rent ( but no more than 1 month rent ), for which the lease contract is concluded.
The intermediary reserves the right to claim the fee from both contractual parties (lessor/lessee).
If purchase/sale of a property is intermediated, the common fee of the intermediary amounts to 3% of the final purchase price of the property, EUR 2 000 at the minimum. The fee may also be agreed otherwise; however, it must not be less than the minimum fee for the intermediary.
The real estate agency becomes entitled to the fee on the day of signing of the lease contract, by handing over keys to the leased property to the client, by the client’s move into the leased property or by the insert into Cadastre based on the intermediation contract, oral or written agreement or order concluded between the real estate agency and the client. The client may pay the fee by direct debit or in cash into the hands of the authorised person of the real estate agency based on the issued tax document.
All payments for our services are subject to VAT ( value added tax 20% ).
IV.
Rights and Obligations
The real estate agency undertakes:
It shall proceed with professional care in its activities for the client, in compliance with legal regulations of the Slovak Republic. It shall inform the client without undue delay about circumstances important for the client’s decision on the conclusion of the ownership transfer contract or the property lease contract. It shall advertise the offered property in a manner agreed with the client. It shall obtain the necessary information and supporting documents related with the purchase/sale or lease of the property.
The client undertakes:
The client shall provide the real estate agency with the necessary cooperation in order to perform the subject matter of the concluded contracts. If the client fails to provide the necessary cooperation, the real estate agency may demand a reimbursement of incurred costs and also compensation of incurred damage. The client shall inform the real estate agency about important changes related to the property, especially the change in price, unavailability of the offer etc. Upon request, the client shall produce documents proving the client’s right to dispose of the property. The client also undertakes to pay the agreed fee for the provided services to the real estate agency.
V.
Limitation of Liability
Expat experts s.r.o. is not liable for the performance of the lease/purchase contract by the lessee and the less or/the purchaser and the seller. All other guarantees and conditions, whether express or implied, arising from law or otherwise, are excluded in the extent permissible by legal regulations. Expat experts s.r.o. does not bear responsibility for any direct, indirect or consequential damage, which may occur in relation to accommodation or for other reasons that it cannot affect in any way. In such circumstances, we are not liable to pay any damages and we bear no responsibility for any damage or expenses, which the lessee/purchaser might incur as a result of circumstances that we cannot affect in any way.
Protection of personal data
We only approach to the processing of your personal data in a legal, professional and sensitive way
Your personal data is stored in a secured information system
All persons who come into contact with your personal data from the operator are properly instructed about the lawful treatment of them and are bound by the confidentiality
We only obtain from you the data required to meet the purpose because of which you have contacted us
If you do not wish to receive e-mail with our actions and special offers you have requested, you can inform us via e-mail
You can always ask us to delete your order history or our e-mail communication by e-mail, in a written form or personally
I.
The operator of websites www.expatexperts.sk , www.expat.sk, www.realitnydom.sk .
Expat experts s. r. o., Štúrova 11, 811 02 Bratislava, ID# 47 051 639,Tax ID# 2023721832
Commercial Register of the District Court Bratislava I., Section: Sro, Insert no. 88162/B
The operator also obtains personal data using contact forms placed on the website www.expatexperts.sk , www.expat.sk and www.realitnydom.sk .
II.
Commercial agent
Expat experts, s.r.o.
The operator provides the commercial agent the personal data in this extent: name, surname, date of birth, signature, permanent residence, temporary residence, bank account number, telephone number, e-mail address, nationality, and number of identity card / passport
III.
Purpose of processing personal data
The purpose of the processing of personal data is to issue a tax document – invoices pursuant to § 74 of Act no. 222/2004 Body of Law about Value added tax
The purpose of the processing of personal data is a pre-contractual relationship
The purpose of the processing of personal data is the processing of the documents for the contract conclusion
The purpose of the processing of personal data is the order confirmation, either by telephone or by e-mail
The purpose of the processing of personal data is sending offers and newsletters, if the customer is interested in this service
IV.
The list of processed personal data
The operator processes your contact data, invoice data and the data needed for conclusion of the contract
Contact data are phone number (the purpose of order confirmation, communication with the customer), e-mail address (the purpose of sending order confirmation and communication with the customer)
Invoice data are name and surname, address of permanent residence, bank account number, signature
Data needed for the conclusion of the contract are name, surname, date of birth, signature, permanent residence, temporary residence, bank account number, telephone number, e-mail address, nationality, number of identity card/ passport
V.
Disclosure of personal data
The operator only obtains the personal data from the customers that are necessary to meet the obligations that the customer expects from the order. In the event of failure to provide this personal data, it is not possible to process the received order from the customer. Based on this fact, the customer is obliged to provide all the necessary pieces of information while proceeding the order
The operator obtains personal data from customers to the extent necessary to conclude the contract in accordance with § 10 (3) (b) of the Act no. 122/2013 Body of Law on the Protection of Personal Data as amended by later legislation without the consent of the person
The customer provides personal data to the operator on a voluntary basis in order to fulfil their obligations under the contract and the further communication with him
VI.
Data administration
The customer by contacting the operator honestly declares that he gives unconditional consent for data administration in the company’s internal system to the extent of telephone number, date of birth, e-mail and address on the websites www.expatexperts.sk, www.expat.sk and www.realitnydom.sk and for the purpose of concluding the contract and searching for a suitable property, a lessee/ buyer.
VII.
Sending of offers, newsletters and actions
The customer by contacting the operator through the website www.expatexperts.sk, honestly declares that he gives unconditional consent in accordance with § 11 (1) of the Act no. 122/2013 Body of Law on the Protection of Personal Data as amended by later legislation, the operator and the commercial agent process personal data within the scope of 24 months to the extent of name, surname, e-mail address, telephone number for the purpose of sending price offers and newsletters requested by the customer through the website www.expatexperts.sk, www.expat.sk and www.realitnydom.sk
VIII.
Terms of processing
The operator has taken appropriate technical, organizational and personnel measures appropriate to the processing of personal data, taking into account, in particular applied technical appliances, confidentiality and relevance of the processed personal data, and the range of possible risks that may affect the security or functionality of the information system
The operator undertakes to treat and manipulate the personal data of the person concerned in accordance with applicable law of the Slovak Republic
The operator after fulfilling the purpose of processing, ensures the immediate liquidation of the personal data of the person concerned in accordance with the regulation § 17 (1) of the Act no. 122/2013 Body of Law on the Protection of Personal Data
IX.
Rights and obligations of the person concerned
The customer of the operator as the person concerned under the Act no. 122/2013 Body of Law on the Protection of Personal Data and on Amendments to Certain Laws („the person concerned“) is obliged to provide complete and truthful data
The person concerned may exercise their rights under the Act no. 122/2013 Body of Law on the Protection of Personal Data and on Amendments to Certain Laws by e-mail, in a written form or personally at the address of the operator
The person concerned has rights under § 28 to § 30 of the Act no. 122/2013 Body of Law on the Protection of Personal Data and on Amendments to Certain Laws, in particular, on the basis of a written request from the operator to require
a) Confirmation if the personal data is processed or not
b) In a generally understandable form of the piece of information on the processing of the personal data in the information system in the scope according § 15 (1) (a) to (e) the second to the sixth point
c) In a generally understandable form exact pieces of information about the source where the personal data for processing have been obtained from
d) In a generally understandable form, a list of its personal data which is the subject of the processing
e) Correction or liquidation of any incorrect, incomplete or out-of-date personal data which is the subject of the processing
f) Liquidation of its personal data whose purpose of processing has ended; if the subject of processing are any official documents containing personal data, they may ask for their return
g) Liquidation of its personal data which is the subject of processing, if the law has been violated
h) Blocking of its personal data by reason of withdrawal of consent prior before the end of its period of validity if the operator processes personal data on the base of consent of the person concerned
All the eligible requirements of the person concerned will be fulfilled by the operator and the person concerned will be informed of this fact within 30 days of their receiving
Claim rules Expat Experts
Expat experts s. r. o. , Štúrova 11, 811 02 Bratislava, ID# 47 051 639 ,Tax ID# 2023721832
Commercial Register of the District Court Bratislava I., Section: Sro, Insert no. 88162/B
(Hereinafter referred to „Real Estate“or „RE“) issues these claim rules according to Act no. 250/2007 Body of Law on consumer protection.
The Claim Rules governs the conditions, manner and place of complaints clearance, as well as the mutual rights and obligations of the Real Estate and the client in the complaints proceedings. Each client (hereinafter referred to as „customer“) has the right to apply to the RE a complaint about the service provided.
The customer can claim the complaint at the Real Estate office or in a written form at the address: Expat experts s.r.o., s.r.o., Štúrova 11, 811 02 Bratislava.
The term „complaint“ means the claim of customer’s right to verify the accuracy, quality or extent of the service provided and/ or the liability for fault in the services of the Real Estate. The complaint is not a customer’s complaint that relates to a nonfulfillment or defective performance of a third party’s obligations, a customer’s incentive to improve the services of the Real Estate or another request whose subject are not services or activities of the Real Estate.
The customer has by claiming the complaints the right according § 622 and § 623 of the Civil Code. The rights and obligations of the customer related to claiming and handling the complaint are regulated by § 18 et seq. of Act no. 250/2007 Body of Law on consumer protection.
The customer decides which of the rights according to § 622 and § 623 of the Civil Code by claiming the complaints will be applied. The customer is obligated to attach to the complaints all the documents and evidence that prove their statements. Based on the customer’s decision, the Real Estate agency will determine the way of the complaints handling, without delay, in complex cases no later than 3 working days after the date of claiming the complaint. In justified cases, especially if a complex professional assessment of the quality or extent of the service provided is required; it will determine the method of handling within 30 days of the date of claiming the complaint.
After determining the way of complaints´ handling, the complaint will be settled immediately, and in justified cases, the complaint may be reclaimed later, and the complaint will take up to 30 days of the date of claiming the complaint. After expiration of the deadline for complaint handling, the customer has the right to withdraw from the contract. Claiming a complaint means terminating a claim by remedying the lack of service or a part of the service that is not provided at all, by paying a reasonable rebate on commission. If the complaint is unjustified, the Real Estate will reject the complaint.
The Real Estate agency bears all the costs associated with handling the complaint. This does not affect the claim of RE to compensate for the demonstrably incurred costs related to the handling of an unjustified complaint.
The RE gives a confirmation to the customer by applying the complaint. If a complaint is claimed by means of remote communication (e-mail), the RE will promptly deliver the confirmation of the complaint receiving to the customer. If the complaint confirmation cannot be delivered immediately, it will be delivered without undue delay, but at the latest with the evidence of arranging the complaint.
The RE shall issue a written document about arranging the complaint within 30 days from the day of of claiming the complaint.
LEARNING ABOUT ALTERNATIVE CONFLICT SOLVING
The customer has the right to apply to the Real Estate (e.g. via e-mail to the address admin@expat.sk) with the request for redress, if he/ she is not satisfied with the way in which the Real Estate has reclaimed their complaint or if the customer believes the RE has violated his rights.
If the RE responds, or fails to respond to this request within 30 days of its sending, the customer has the right to file a motion for alternative conflict solving for a subject of alternative conflict solving according to § 12 of Act no. 391/2015 Body of Law on alternative conflict solving.
Slovak Trade Inspection is the relevant body for alternative conflict solving, to which the customer can file a motion at the following address : Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Customer Conflict Solving, Prievozská 32, P.O.BOX 29, 827 99 Bratislava 27 or electronically at the address: ars@soi.sk, adr@soi.sk. Other subjects eligible for alternative customer conflict solving are listed in the online list of subjects:
The client (customer) of the RE may use the online conflict solving platform to file a motion for an alternative conflict solving, available at the address:
The motion to launch an alternative conflict solving must include:
Customer’s name and surname, delivery address, electronic address and telephone contact, if any,
Exact definition of the Real Estate,
Complete and comprehensive description of the decisive facts,
Indication of what the customer is demanding,
Date, on which the customer applies with the request for redress to the RE and information that the attempt to solve the conflict directly with the RE was inconclusive,
Statement that the same motion has not been submitted to another alternative conflict solving subject, the court or arbitration tribunal has not ruled on the case, the mediation agreement has not been concluded or an alternative conflict settlement has been terminated in accordance to § 20 (1) (a) to (e) of Act no. 391/2015 Body of Law on the alternative customer conflict solving.
The motion to launch an alternative customer conflict solving is available online at: https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2015/391/20160201_...
Consent to the registration and processing of personal data according to the Act No. 122/2013 Body of Law Pursuant to the Act 122/2013 Body of Law on Protection of Personal Data as amended by later legislation with the communication with the company Expat experts s.r.o. and Expat s.r.o., you give your approval with handling, processing and storing of your personal data relating to the contractual documentation of Expat experts s.r.o. and Expat s.r.o. and with searching/ offering a real estate, at the same time, the information you provide about the photo view, belongs to the Special Category of Personal Data. You declare honestly that all above information is true and disclosure of data is voluntary by its own decision. These data may be processed solely for the purpose of processing the contractual documentation and for the purposes of the database of clients looking for / offering suitable real estates. The consent is given for a fixed period of 3 years, which can be withdrawn at any time in a written form within 30 days. After 3 years period, data will be anonymized and further used for statistical purposes only.
This Claim Rules in the fully extent replaces the previous Claim Rules. This Claim Rules shall enter into force on 01. 10. 2017. The person responsible for handling complaints: Ing. Zuzana Kanská, tel. contakt: 252 62 20 20, email: admin@expat.sk.