General Terms and Conditions (AGB)

Raum-3 AG, Burgdorf
Effective Date: [01.01.2025]

1. General Provisions

1.1 Scope
These General Terms and Conditions (AGB) apply to all contracts, services, and legal transactions between Raum-3 AG and its clients in the following business areas:  
- 010000 – Planning & Construction Management
- 020000 – Marketing & Sale of Real Estate  
- 030000 – Property Management
1.2 Contact Information
Raum-3 AG  Finkfeld 7  CH-3400 Burgdorf  Schweiz

Phone: +41 79 773 83 06
E-Mail: admin@raum-3.ch  
1.3 Priority of Individual Agreements
For all business areas of Raum-3 AG, an individually concluded agreement serves as the basis for collaboration. These General Terms and Conditions (AGB) apply additionally to the respective contractual provisions. In case of contradictions, the individual agreement takes precedence.
1.4 Commercial Register Entry and VAT
Registered in the Commercial Register of the Canton of Bern (BE)  Company Identification Number (UID): CHE-492.367.143 VAT Number: CHE-492.367.143 MWST
1.5 Applicable Law and Jurisdiction
Exclusively Swiss law applies. The place of jurisdiction is CH-3400 Burgdorf, Switzerland.
1.6 Amendments to the AGB
Amendments to these AGB will be communicated to clients in writing and will be deemed accepted unless the client objects within 30 days.

2. 010000 – Planning & Construction Management

2.1 Service Description  
Raum-3 AG provides the following services:  
- Planning of construction projects, cost management, and construction supervision.  
- Coordination of construction workflows and quality assurance according to SIA standards.
2.2 Conclusion of Contract  
The contract is concluded upon written confirmation of the order. Amendments or supplements must be made in writing.
2.3 Prices and Payment Terms
- Services are billed on an hourly basis or at a flat rate.  
- A payment schedule is determined based on the project.  
- Invoices are payable within 30 days of the invoice date.  
- In case of late payment, interest of 5% p.a. and a reminder fee of CHF 40 per reminder will be charged.
2.4 Client Obligations
The client undertakes to:  
- Provide all necessary information, plans, and permits in a timely manner.  
- Grant access to the construction site and relevant resources.
2.5 Liability
- Raum-3 AG's liability is limited to damages caused by gross negligence or intent.  
- No liability is assumed for delays or damages caused by subcontractors or unforeseeable events (force majeure).  
- Indirect and consequential damages are excluded.
2.6 Warranty
Raum-3 AG guarantees the careful execution of services in accordance with the applicable SIA standards or as contractually agreed.

3. 020000 – Marketing & Sale of Real Estate

3.1 Service Description  
Raum-3 AG provides the following services:  
- Real estate valuation, marketing, and sale transactions.  
- Advice and support during sales negotiations.
3.2 Conclusion of Contract
The contract is concluded upon signing the brokerage agreement.
3.3 Prices and Payment Terms
- The commission amounts to [a percentage as per the brokerage agreement]% of the sale price and is due upon notarization of the sales agreement.  
- In the event of a buyer's withdrawal, the commission remains due.  
- Compensation for effort in case of contract termination:     If the brokerage agreement is terminated by the client before a sales contract is concluded, the client agrees to reimburse Raum-3 AG for the work already performed. This will be invoiced based on Raum-3 AG's applicable hourly rates. The current hourly rate is CHF [150.-] per hour. A detailed list of the services provided will be included in the final invoice
3.4 Client Obligations
The client undertakes to:  
- Provide complete and truthful information about the property.  
- Grant Raum-3 AG access to the property.
3.5 Liability
- Raum-3 AG is not liable for decisions made by the buyer or for known defects in the property.  
- No liability is assumed for changes in market value or forecasts.

4. 030000 – Property Management

4.1 Service Description
Raum-3 AG offers the following services:  
- Rental management (collection of rent, invoicing, and tenant support).  
- Organization and coordination of maintenance and repair work..
4.2 Conclusion of Contract and Term
A property management agreement is concluded in writing. The minimum contract term is 12 months, with a termination notice period of 3 months to the end of a quarter.
4.3 Prices and Payment Terms  
- The management fee will be determined within the framework of the property management agreement.  
- Additional services (e.g., disputes or emergency measures) are charged at CHF [150.-]/hour.
4.4 Client Obligations
The client undertakes to:  
- Promptly report damages or defects.  
- Provide Raum-3 AG with all documents necessary for property management.
4.5 Liability
- Raum-3 AG is liable only for **gross negligence or intent**.  
- No liability is assumed for rental losses or damages caused by tenants.  
- Damages caused by force majeure are excluded.

5. Data Protection

Raum-3 AG processes personal data in accordance with the Swiss Data Protection Act (DSG).  
- Client data is used exclusively for contract fulfillment.
- Further information can be found in the Privacy Policy at: www.raum-3.ch/datenschutz.

6. Force Majeure

If Raum-3 AG is unable to perform its services due to force majeure (e.g., natural disasters, epidemics, strikes), it is entitled to terminate the contract without notice. Claims for damages are excluded in such cases.

7. Final Provisions

- If any provision of these AGB is found to be invalid, the validity of the remaining provisions remains unaffected.  
- Amendments and supplements must be made in writing.  
- The place of jurisdiction for all disputes is CH-3400 Burgdorf, Switzerland.

8. Confirmation of the AGB

By using the services of Raum-3 AG, the client confirms that they have read and accepted these General Terms and Conditions.